Dante E. Mancini
Dante E. Mancini
Dante E. Mancini
Highly limited empirical research has supported the existence of the “CSI
effect,” defined as the influence of heavy forensic television program
viewership on perceptions of scientific evidence and juror decision-
making. Recently, cultivation theory has been proposed as a potential
explanation of any television viewing influence, but virtually no prior
studies have distinguished crime show sub-genres (fiction and
documentary-style) in viewership measures. The current study
investigated whether a difference score measure of fiction-to-
documentary forensic television program viewership was related to juror
decision-making. Participants were 79 actual jurors who viewed a video
recorded summary of a real murder trial, then completed measures of
forensic television viewership and perceived realism, verdict preferences,
verdict reasons, and perceptions of the presented evidence. Viewership
predicted verdict preference as hypothesized, with heavier fiction viewers
rendering more acquittals compared to lighter viewers. However, heavier
fiction viewers were no more likely to mention DNA evidence as a
verdict reason or report a greater preference for either the prosecution’s
or defense’s evidence. These findings suggest that relative sub-genre
viewership may be important in establishing empirical support of the CSI
effect.
There is little doubt that the American public has taken a keen interest
in crime investigation and forensic science over the past decade,
particularly as reflected in television programming. In a recent Frontline
program episode entitled “The Real CSI,” well-known forensic
pathologist Dr. Cyril Wecht remarked, “There’s this great, great hunger,
this incredible fascination with forensic science. I often quip that we are
up there now with sex, motherhood, apple pie, and baseball” (Cediel &
Bergman, 2012). This interest has likely been sparked by the enormous
popularity of television programs such as CBS network’s CSI: Crime
Scene Investigation and a plethora of other crime and forensic science-
based programs. In June 2012, at the end of its twelfth season, CSI was
named the most watched television program in the world for the fifth
time in seven years, with an estimated 63 million viewers worldwide
________________________________
Author info: Correspondence should be sent to: Dr. Dante E. Mancini, Indiana
University of Pennsylvania, Department of Psychology – Uhler Hall 302, 1020
Oakland Avenue, Indiana, PA 15705, E-mail: dante.mancini@iup.edu.
North American Journal of Psychology, 2013, Vol. 15, No. 3, 543-564.
NAJP
544 NORTH AMERICAN JOURNAL OF PSYCHOLOGY
METHOD
Participants
Eighty jurors (68% female, 96% Caucasian, Mage = 49.7, SD = 12.4)
actively serving jury duty in a Western Pennsylvania courthouse were
offered $20 each for their participation. Regarding education levels, 1.3%
had less than a high school diploma or GED, 25.3% had a high school
diploma or GED, 34.2% had some college or a two-year degree, 29.1%
had a four-year college degree, 7.6% had a master’s degree, and 2.5%
had a doctoral degree. Annual family income levels were comprised of
3.7% with $10,000 or less, 11.0% between $10,001 and $25,000, 18.3%
between $25,001 and $50,000, 39.0% between $50,001 and $100,000,
12.2% between $100,001 and $150,000, 6.1% between $150,001 and
$200,000, and 3.7% over $200,000. Three participants did not report
annual family income.
Materials
Criminal trial stimulus video. A 48-minute edited video recorded
summary of the criminal trial Colorado v. Galek (2009) included actual
courtroom footage as presented on the program In Session on the truTV
television channel in November 2009. As shown in the footage, 17-year-
old defendant Andrew Galek was charged with the first-degree stabbing
murder of 63-year-old Hans Winter, the father of the defendant’s friend,
Kevin Winter, during a sleepover in their home. According to the
prosecution, after Galek and Kevin Winter had consumed a large amount
of tequila over a three-hour period, Galek then stabbed Mr. Winter in the
abdomen with a kitchen knife while he lay in bed, awakening both the
victim and his wife, Beverly Winter, who reportedly witnessed Galek
flee the room. Mrs. Winter testified that Mr. Winter cried out, “Why did
you hit me, Andy [Galek]?” when he was stabbed, and while she did not
realize that Galek had stabbed the victim initially as she talked with
Galek minutes later in the basement of their home, she later noticed the
550 NORTH AMERICAN JOURNAL OF PSYCHOLOGY
wound while she was on the phone with a 911 emergency operator. Mr.
Winter lost consciousness and was unable to provide useful information
about the stabbing, and he died in the ambulance as a result of internal
bleeding from a severed iliac artery. The prosecution emphasized that
Galek eventually fled the home after speaking with Mrs. Winter and hid
under a truck, only to be quickly apprehended by police as they
threatened to use a Taser. The defense contended that Galek was too
intoxicated to remember anything, that Mrs. Winter did not have a clear
view of the perpetrator as he left the darkened room, and emphasized that
the surface of the bed sheet near the cut in which the knife penetrated
contained DNA obtained from skin cells which excluded Galek as a
possible perpetrator. The footage included expert testimony from the
laboratory technician who conducted the DNA testing. It should be noted
that while Galek later confessed to the crime in several letters to a
girlfriend while incarcerated and awaiting trial, these details were
excluded from the edited trial footage.
Demographic questionnaire. This was a five-item questionnaire
assessing participants’ gender, age, race/ethnicity, highest level of
education, and approximate family income.
Verdict questionnaire. This was a 10-item questionnaire measuring
participants’ prior familiarity with the Colorado v. Galek case (yes or
no), dichotomous verdict (guilty or not guilty), confidence in verdict on a
10-point Likert-type scale (1 = not at all confident to 10 = completely
confident), an open-ended item requesting the participants’ two most
important reasons for their verdicts, an open-ended estimate of the
percentage of likelihood of crime commission generally required for a
defendant to be found guilty, and an estimate of the probability that the
defendant committed the crime (0% to 100% in 10% increments).
Participants were asked to render a guilty verdict based upon the “beyond
a reasonable doubt” standard. The open-ended verdict reason item was
dichotomously dummy-coded (0 = absent, 1 = present) for the presence
or absence of the mention of DNA because this was the main piece of
scientific evidence highlighted in the trial footage. In addition, the
mention of any scientific evidence at all (e.g., DNA, blood alcohol
content of the defendant, fingerprints, blood spatter analysis, etc.) was
also dummy-coded. The last four items measured participants’ level of
agreement with statements of perceived familiarity with forensic
investigators’ and scientists’ tasks (similar to items used successfully by
Schweitzer & Saks, 2007 & Mancini, 2011) as well as satisfaction with
the prosecution’s and defense’s presented scientific evidence, all rated on
7-point Likert-type scales (1 = not at all agree to 7 = completely agree).
Forensic television viewing habits questionnaire. This
questionnaire measured participants’ estimates of viewing frequency and
Mancini CSI EFFECT IN ACTUAL JUROR SAMPLE 551
Procedure
Prior to each of eight data collection sessions, potential participant
jurors were solicited while seated in an approximately 200-seat capacity
jury waiting room during a period in which it was known that they would
not be selected for voir dire for the day’s docket, usually right before
their 90-minute lunch break. They were asked to participate in a study of
jury decision-making and were told that the study would involve the
viewing of a 48-minute video of footage from a real criminal trial and the
completion of a set of questionnaires, all of which would require
approximately 60-75 minutes. Finally, they were told that they would
receive $20 compensation for their participation, and that those who were
interested were to take a seat towards the front of the room where the
video equipment—including a DVD player and two 42-inch LCD
televisions—was located. Those who were not interested were dismissed.
Once the participant group was assembled, they were provided with
informed consent forms and a packet of questionnaires sealed in
envelopes, which they were instructed not to open until further notice.
After completing and submitting the informed consent, the participants
were provided with a set of instructions—also read aloud to them—
asking them to imagine they were jurors in the criminal trial of Colorado
v. Galek in which defendant Andrew Galek was charged with the first-
degree murder of Hans Winter. Participants were instructed to watch the
trial video carefully and to use the standard of beyond a reasonable doubt
in their judgments of guilt. The video was then shown to the participants
in its entirety, at which time the participants were instructed to open and
complete their questionnaire packets. The participants were then
debriefed upon completion and submission of their questionnaires and
were notified that each would receive a $20 check by mail in the
following two to three weeks.
552 NORTH AMERICAN JOURNAL OF PSYCHOLOGY
RESULTS
Preliminary Analyses
Of the sample, none indicated familiarity with the case prior to the
study, 23 (28.8%) reported viewing no forensic fiction programs, 33
(41.3%) reported viewing no forensic documentary-style programs, and
17 (21.3%) reported viewing no forensic fiction or documentary-style
programs during the previous three months. Using only participants (n =
29) who rated the realism of at least the median number of fiction (Md =
2) and documentary-style (Md = 1) programs, a paired samples t test
revealed that documentary-style programs (M = 3.48, SD = 0.85) were
rated significantly more realistically than fiction programs (M = 2.89, SD
= 0.87), t (28) = 3.13, p = .004, d = .58. In addition, among the entire
sample, mean fiction program realism ratings were positively correlated
with frequency of fiction program viewership, r (52) = .28, p = .048, and
with mean documentary-style program realism ratings, r (36) = .38, p =
.024. However, mean documentary-style program realism ratings were
unrelated to frequency of viewership of documentary-style, r (44) = -.08,
p = .625, or fiction programs, r (44) = -.04, p = .816. Thus, forensic
fiction and documentary-style programs were perceived differently in
their levels of realism, realism ratings for both sub-genres were positively
associated, and while increased viewing frequency of forensic fiction
programs was related to increased perception of the realism of both
fiction and documentary-style programs, increased viewing of
documentary-style programs was unrelated to perception of realism of
either sub-genre.
Mancini CSI EFFECT IN ACTUAL JUROR SAMPLE 553
Hypothesis Testing
To test the hypotheses, the most logical approach based on recent
cultivation theory research—which has suggested that amount of sub-
genre television viewing influences one’s perception of social reality—
appeared to require taking the relative amount of both forensic science
fiction and documentary-style viewership into account; therefore, the
fiction-documentary difference score was used as a basis of dividing
participants into two groups. “Lighter fiction” viewers (n = 41 or 51% of
the sample) were designated as those with difference scores at or below
zero (M = -3.95, SD = 8.48), while “heavier fiction” viewers (n = 39 or
49% of the sample) were designated as those with difference scores
Verdict scale (positive = -2.98 6.99 -6.47 4.51 77 2.62 .010 0.60
guilty)
Defendant guilt 54.88 28.03 40.68 27.24 76 2.27 .026 0.52
percentage
Percentage required for 90.25 21.98 92.30 15.34 75 -0.47 .639 0.11
judgment of guilt
Familiarity with 4.15 1.73 4.50 1.62 77 -0.94 .352 0.21
investigators’ tasks
Familiarity with 4.22 1.77 4.58 1.64 77 -0.94 .353 0.21
scientists’ tasks
Satisfaction with 3.76 1.87 4.25 1.78 75 -1.18 .240 0.27
prosecution’s evidence
Satisfaction with 4.49 1.65 4.43 1.57 76 0.15 .880 0.03
defense’s evidence
Mancini CSI EFFECT IN ACTUAL JUROR SAMPLE 555
Follow-Up Analyses
Because the fiction and documentary-style programs appeared to be
perceived differently in their realism accordingly to the preliminary
analyses, and since previous research has relied solely on summed ratings
556 NORTH AMERICAN JOURNAL OF PSYCHOLOGY
DISCUSSION
Considering that the current study used an actual juror sample in a
courthouse setting with an ecologically-valid trial stimulus, and in light
of the highly limited previous empirical evidence for a relationship
between forensic television program viewership and juror judgments of
defendant guilt, these findings are important because they lend at least
partial support for the strong prosecutor’s subtype of the CSI effect (Cole
& Dioso-Villa, 2007, 2009) in real jurors. Using a forensic fiction-
documentary viewership difference score to divide participants into two
groups, heavier fiction viewers were indeed more likely to acquit the
defendant in a murder trial and perceived him as less guilty compared to
lighter viewers. However, the proposed route by which heavy fiction-
viewing jurors make their decisions according to the strong prosecutor’s
effect—in response to dissatisfaction with perceived substandard
scientific evidence—was not supported here; there was only a marginally
significant positive correlation between the fiction-documentary
viewership difference score and mention of any scientific evidence at all
as a verdict reason, and neither viewership group more frequently cited
DNA or any scientific evidence as a verdict reason, or indicated greater
satisfaction with either the prosecution’s or defense’s evidence.
One key methodological difference between the current study and
prior CSI effect research is the distinction between fiction and
documentary-style sub-genre viewership, using them in relation to one
another, which had not been done previously. This was fruitful; while the
majority of prior research using single crime show genre viewership
measures has failed to detect any relationships between viewership and
guilt decisions, the difference score viewership measure in the present
study was a comparatively more sensitive predictor of guilt decisions;
this is consistent with predictions based upon the strong prosecutor’s
subtype of the CSI effect in which heavy fiction viewership will predict
acquittals.
To illustrate further the difference between the summed and
difference viewership scores, consider the relationships between these
scores with the outcome variables in Tables 3 and 4. Perhaps most
importantly, the difference score measure appeared to relate to the
outcome variables in the hypothesized directions according to the strong
prosecutor’s effect more consistently than the summed score. More
specifically, the beta weight of the difference score was marginally
significant in predicting the verdict scale in the hypothesized direction
while taking the summed score’s contribution into account. In addition,
the correlation of the difference score with mention of any scientific
evidence as a verdict reason was marginally significant in the
hypothesized direction. One counterintuitive finding, however, was that
558 NORTH AMERICAN JOURNAL OF PSYCHOLOGY
support this contention. On the other hand, clearly the current study made
use of a single criminal trial video stimulus which presented a single type
of scientific evidence (i.e., DNA) in a specific way. While recent
research has suggested that juries regard DNA evidence as among the
most reliable forms of scientific evidence (e.g., Wheate, 2010), juries
respond differently to various types of criminal trials and evidence, and
thus the results may have varied if another trial stimulus using a less
reliable type of evidence was presented.
The current study is not without its limitations. First, the use of a
homogenous convenience sample of mainly Caucasian jurors may limit
the applicability of the results to other, more diverse jury populations.
Nonetheless, there is some convincing evidence that minorities have been
significantly and consistently underrepresented on jury panels in both the
state and federal courts for many years despite efforts to diversify them
(e.g., Fukurai, Butler, & Krooth, 1993; Fukurai & Krooth, 2003).
Second, the television viewing measures were based on self-report,
which could not be avoided but naturally pose a host of reliability and
validity issues. Third, the current study used only initial verdict
preference measures, which jury deliberation processes indeed affect
(Bothwell, 1999). Lastly, this study may have been underpowered;
considering that the difference score viewership measure was only
marginally correlated with the verdict scale score and with mention of
scientific evidence as a verdict reason in the hypothesized directions,
perhaps an increased sample size may have revealed significant
relationships among these variables.
Several recommendations for future research are raised here. First,
no prior published study has utilized a fiction-documentary viewership
difference score to test the strong prosecutor’s subtype of the CSI effect,
and therefore replication of these results is essential. It appears that
summed fiction and documentary and fiction-documentary difference
score viewership measures differ in their relationships with other
important outcome variables, and therefore determining which
viewership measure or measures are most strongly related to measures of
guilt decisions is critical for future research. Furthermore, if fictional
programs do involve cultivation processes including unrealistically high
expectations of the availability and utility of scientific evidence, and if
these distorted perceptions do lead to differences in guilt decisions, it
should also be noted that heavier relative fiction-to-documentary
viewership was associated with acquittals. This occurred despite the fact
that viewers rated fiction programs as less realistic than documentary-
style programs, similar to Oliver and Armstrong’s (1995) findings for
these two sub-genres in pre-CSI era crime show programming. In other
words, awareness of the decreased realism of fictional programs relative
560 NORTH AMERICAN JOURNAL OF PSYCHOLOGY
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