Jurors watching popular CSI-style TV shows are increasingly questioning expert scientific evidence during criminal court trials. Source: Supplied
QUEENSLAND jurors are increasingly questioning forensic evidence during criminal trials based on what they are seeing on popular CSI-style TV shows.
The trouble, according to Mary Gardam, a former manager at the Queensland forensic DNA laboratory, is the programs are riddled with flaws and inaccuracies. Ms Gardam is currently a forensic lecturer at Griffith University.
Under the so-called CSI Effect, crime shows were creating know-it-all jurors who had unrealistic expectations of the state’s scientists and technology. Ms Gardam said jurors were calling them out on case findings.
“There is no such thing as 100 per cent DNA matches and just because a case is solved in one day on CSI doesn’t mean that’s going to happen in reality,” she said.
“Scientists have significant workloads and have areas of specialty such as toxicology, DNA or blood spatter – they aren’t super scientists who do every single test.”
Ms Gardam said jurors often were misled about DNA matches and the time it took to do accurate testing.
She said there was also an expectation that advanced technologies like virtual imagery and 3D printing were used for every case.
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“That’s just not what happens. It’s either not available, too expensive or simply not needed,” Ms Gardam said.
She said many of the measures necessary to ensure that the integrity of evidence was maintained did not make for good television.
“There is nothing attractive about the real-life garb which is compulsory for Queensland forensic officers,” she said.
“The towering heels, designer outfits and long flowing hair often seen on television would be covered up under a disposable body suit, bootees, mask and hair protection in an Australian laboratory or at a crime scene to prevent contaminating the evidence.
“Even fashion-conscious scientists need to make sure that the integrity of evidence is preserved.
“And don’t get Australian scientists started about the team examinations that you might see on the small screen where blood-covered exhibits are out on the same examination table. That’s a contamination nightmare waiting to happen.”
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Veteran criminal lawyer Chris Nyst said he had seen jurors push for fingerprint evidence when prints had no relevance to the case.
“Prosecutors today are always whingeing about the CSI Effect,” he said.
“This is a complete backflip to years ago when defence lawyers were up in arms over “the white coat syndrome” – where jurors blindly believed all expert findings.”
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