THE CSI EFFECT: LITIGATION STRATEGIES And
COURTROOM DYNAMICS
Sponsored with the Macaronis Institute for Trial and Appellate Advocacy &
Flaschner Judicial Institute
ADA's and CPCS Attorneys are eligible for the discount.
Please Note: This course has already
been held.
Date: Thursday, May 10, 2007
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM
Schedule/Agenda
Registration Information
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The CSI effect describes the alleged influence that crime television shows, such as CSI: Crime Scene Investigation, have on juror behavior. Some claim that jurors who see the collection and analysis of forensic evidence on television shows have unreasonably high expectations for the collection and analysis of forensic evidence in real trials, so high, in fact, that they are likely to acquit defendants when the evidence presented at trial is imperfect or uncertain but otherwise supports a guilty verdict. Investigating the CSI effect is one way to better understand the ways in which technology and trial practice intersect, in particular as the lines between the courtroom and popular culture appear more permeable than ever before.
This program will provide an overview of the CSI effect from several different perspectives. Evidence scholar, Professor Jennifer Mnookin will provide a historical overview of the acceptability and development of different kinds of evidence, including fingerprint, photograph and DNA evidence, with an emphasis on the evolving cultural norms regarding these forms of evidence and their relation to truth. Professor Neal Feigenson is an expert on the use of technology in the courtroom as a means of explaining facts to jurors and persuading them to a certain result. He will present the evolving use of technology by attorneys in the courtroom as demonstrative and persuasive aids. Professor Christina Spiesel will speak directly to the CSI effect and its real or imagined implications for trial practice. A distinguished panel of judges and litigators will discuss their perspectives and suggest trial strategies. You will learn about the ways in which technological advances affect the manner in which legal cases are argued and decided.
The program is intended to be accessible to a range of skill levels, although it is most appropriate for people who are familiar with trial practice, scientific evidence and visual technologies such as film and video.
Attend and Learn:
- Why jurors would believe that the absence of DNA evidence in a criminal case should lead to an acquittal
- The risks in having an expert witness illustrate her opinion with a film clip
- The best arguments for admitting or excluding visually advanced demonstrative aids or cutting-edge scientific evidence
| S C H E D U L E / A G E N D A |
| 4:00 |
WELCOME & INTRODUCTIONS |
Professor Jessica Silbey, Chair
Suffolk University Law School, Boston, MA
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| 4:10 |
MACHINERIES OF TRUTH: TECHNOLOGY AS EVIDENCE IN THE
AMERICAN COURTROOM |
| CSI may exaggerate the prevalence of forensic evidence in the American criminal justice system, but there is no doubt that technologically-created proof has become commonplace. On television, the technological solutions are portrayed both as foolproof and as welcomed knowledge. Off-screen, the historical story of the relationship between technologically-generated evidence and the courtroom has proven to be more complicated. By examining historical examples, this presentation will trace out the complex and ambivalent relationship between technological forms of evidence and legal proof. The eager embrace of technology is coupled with anxiety - the concern that the technologies of evidence will not be able, in practice, to provide the longed-for certainty. Conversely, the equally potent fear exists – that perhaps they will.
Professor Jennifer L. Mnookin
(via videoteleconference)
UCLA School of Law, Los Angeles, CA
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| 4:45 |
CURRENT USES OF LATEST TECHNOLOGIES |
| New digital technology is transforming how forensic and other types of evidence are being created and displayed. The technology provides judges and jurors with direct visual access to things they would otherwise be unable to see, from traces of bite marks left on a victim’s body to the real-time functioning of a human brain. Yet all of these digital images can affect viewers’ perceptions and judgments in ways of which the viewers, and sometimes even the proponents, may be unaware. Drawing on research in cognitive and social psychology and the psychology of visual perception, this presentation will survey the effects of digital images generally, discuss the probative and prejudicial aspects of examples of digital forensic evidence, and offer comments on the propriety and admissibility of the new visual technologies. Professor Neal Feigenson
Quinnipiac University School of Law, Hamden, CT
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| 5:20 |
VISUAL TECHNOLOGIES AND POPULAR CULTURAL FORMS |
| Attorneys believe that CSI has shaped jurors’ expectations about when prosecutors should produce forensic evidence and even what kinds of evidence should be offered for the particular crime being prosecuted. The “CSI Effect,” many believe, leads juries to acquit when the prosecution doesn’t provide the “right kind” of evidence, concluding that this leads to more acquittals. This presentation will first briefly review the small body of empirical literature on whether there actually is a “CSI Effect” and what it means in terms of jury decision making. It will then look more closely at how CSI depicts the law and at some of the implications of the show’s world view for lawyers and judges in the legal system. Understanding the cultural context will make it easier to address juries’ concerns.
Professor Christina O. Spiesel
Senior Research Scholar, Yale Law School, New Haven, CT
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| 6:15 |
PANEL ON LITIGATION STRATEGIES AND JUDICIAL PERSPECTIVES |
Honorable Nancy Gertner
United States District Court, Massachusetts Honorable Raymond Brassard
Massachusetts Superior Court Honorable Lynn C. Rooney
Lawrence District Court, Massachusetts Joan M. Griffin, Esq.
McDermott Will & Emery, Boston, MA Matthew B. Lowrie, Esq.
Lowrie, Lando & Anastasi, LLP, Cambridge, MA
Elizabeth N. Mulvey, Esq.
Crowe and Mulvey, Boston, MA
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| Date: |
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Thursday, May 10, 2007 |
| Tuition: |
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Tuition is $69; $35 for attorneys admitted to the Bar after 2004, Suffolk alumni, ADAs and CPCS attorneys. The course book and refreshments are included in the tuition charge.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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This course will provide CLE Credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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