As with pretty much any television show that is based on a real life situation or career, from emergency rooms to magazine offices, TV makes it all seems so glamorous. And why wouldn’t it? In less than one hour producers, have the task of introducing an interesting and original plot, adding in just the right amount of hints and surprises and presenting a great conclusion, all while trying to make sure viewers aren’t tempted to switch to another channel. And let us not forget that everyone on the TV version has impeccable looks, the vocabulary of a professor and the logic of a mastermind. Shows set in the courtroom are no exception.
Having practiced law for over 20 years, Henry Wade of The Wade Law Firm in Texas, has seen a shift in the attitudes and temperament of jurors in the past for years. TV shows about crime solving and court rooms have become detrimental to the judicial system, he insists.
Why the negative opinion? Now even though people are more willing to sit on a jury, Wade explains, they expect lavish trials that the average court cannot provide. Most criminal cases are rather boring, he says. It is usually pretty straightforward, with no jaw dropping confessions or revelations.
Instead of really listening to the evidence that is presented, jurors have become more transfixed on the evidence that is not present. On shows like Law and Order or CSI, there are always DNA samples and fingerprints, but you are not going to typically see that in your run of the mill case, says Wade. Jurors are finding people not guilty because they think more of these factors should be present.
It is not a phenomenon limited to Texas either. Experts now refer to this as “the CSI effect,” and the Yale University Law Journal says it is no myth. Juries have high expectations of forensic evidence. And, when they aren’t satisfied with the level of drama and science, they pay little attention to unscientific evidence, like witnesses and police reports.
In an effort to combat the new trend, attorneys have had to make the jury selection process much more intensive. Now, in addition to all the standard questions that were asked, lawyers want to know if as a juror you will need DNA evidence in order to find the defendant guilty or if you would list any crime shows as a weekly must-watch.
