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A new report indicates that crime dramas on television do not accurately depict the criminal justice system, particularly in their portrayals of people of color.

The study, completed by Color of Change and The USC Annenberg Norman Lear Center's Media Impact Project, is entitled Normalizing Injustice: The Dangerous Misrepresentations that Define Television's Scripted Crime Drama.

Color Of Change is the nation's largest online racial justice organization. With 1.5 million members, Color of Change, works to move decision-makers in corporations and government to create a more human and less hostile world for African-Americans in America.

The 153 page report is touted as a comprehensive study of how television's most popular genre excludes writers of color, miseducates people about the criminal justice system, and makes racial injustice acceptable.

In the foreword to the document, Rashad Robinson, president of Color of Change, writes that while researching what goes on behind the scenes of one of television's most popular genres - scripted and legal crime series - a disturbing message was uncovered; some writers were told by showrunners, producers and network executives that "Viewers will change the channel if we make the crime victim black, so you'll have to rewrite those characters and make them white instead."

Analyzed for the study were 26 series, with shows from ABC (1), NBC (5), CBS (9), FOX (3) and streamers Amazon (3) and Netflix (5). Those series include How to Get Away with Murder, 9-1-1, Brooklyn Nine-Nine, Goliath, Bosch, Sneaky Pete, Law & Order: SVU, The Blacklist, Chicago P.D., Blindspot, Orange is the New Black, Narcos, Bull, Blue Bloods, S.W.A.T., NCIS, NCIS: New Orleans and NCIS: Los Angeles, among others.

The research team coded 353 episodes that aired during the 2017-2018 season, tracking over 5,400 variables and 1,983 individual characters.

Coders captured data about story elements related to the criminal justice system and the most prominent 15 characters in each episode, including criminal justice professionals (CJPs), persons of interest (POIs) and victims.

The research team also identified and analyzed the race and gender of the 41 creators, 27 showrunners (1 series had 2 showrunners) and 275 writers for all 26 series.

The objectives for the study included providing evidence that can be used to inform conversations and decision-making about race/gender and representation on television, as well as the role of diversity behind the camera.

The results were acquired using focused research, including the questions 'do crime procedurals and other crime-focused series accurately depict the reality of the criminal justice system,' 'do they accurately show racial disparities within the system,' and 'do they convey solutions for correcting racial disparities in the criminal justice arena?'

Amid the numerous charts and graphs contained within the final report are conclusive findings that reveal a serious and systemic problem with the storytelling conventions of crime related scripted series.

The summary says that these problems, and their influence over viewers, "have profound implications for anyone who cares about justice, fairness and equity in the real world."

Offering steps to improve the situation, the report lists actions that creatives and executive should cease doing, and actions that they should incorporate to change the system.

Among other suggestions, the report asks for shows to stop insinuating that every accused person - no matter their age or class - has access to the most rigorous defense counsel imaginable. The report allows that writers might not want to explore this relationship, but that they should avoid misrepresenting the level of access to capable defense among those accused of criminal activity.

Conversely, the report calls upon showrunners and writers to include more stories focusing on racial disparities within the justice system, and to integrate true facts about inequality into these stories.

The findings of this expansive study, which also analyzes the depiction of a myriad of topics within the overall criminal justice system, including investigative targeting, plea bargaining, bail/bail bonds and alternative sentencing, among others, offers concrete verification that the misrepresentations listed in the title of the report do exist.

Compiling this information and distributing it may help facilitate a new level of scrutiny within the television crime genre, and could assist future showrunners and writers to discern patterns of inaccurate depictions within their series and change those story lines before they reach the screen.

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Study Finds Crime Dramas Misrepresent What Happens Within The Justice System, Particularly For People Of Color

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A new report indicates that crime dramas on television do not accurately depict the criminal justice system, particularly in their portrayals of people of color.

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TV Crime Shows Warp Perceptions of Criminal Justice System

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People who watch forensic and crime dramas on TV are more likely than non-viewers to have a distorted perception of America’s criminal justice system, according to new research from Purdue University.

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First Advisor

Krista Cline

Abstract

Television crime dramas are becoming more and more popular, introducing new shows and spin-offs every year. With their growing popularity, it is important to study the possible impacts that they could have on society, and people's views of crime and criminality. This study looks at how much college students watch and enjoy these shows, and whether they affect their perception on the criminal justice system and procedures shown in the crime dramas. Questionnaires given to Butler University students inquire about their crime drama watching habits as well of their opinions and views on different aspects of the justice system, including police effectiveness and criminals themselves. I hypothesized that the amount and type of crime dramas that Butler students watch will make them less concerned about crime and criminals, and more confident in the criminal justice system to catch offenders. Findings showed that those who enjoy crime dramas do have more confidence in the U.S. criminal justice system.

Recommended Citation

Hogan, Abby, "How crime dramas influence perception of crime" (2019). Undergraduate Honors Thesis Collection. 459.
https://digitalcommons.butler.edu/ugtheses/459

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How crime dramas influence perception of crime

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Television crime dramas are becoming more and more popular, introducing new shows and spin-offs every year. With their growing popularity, it is important to study the possible impacts that they could have on society, and people’s views of crime and criminality. This study looks at how much college students watch and enjoy these shows, and whether they affect their perception on the criminal justice system and procedures shown in the crime dramas. Questionnaires given to Butler University students inquire about their crime drama watching habits as well of their opinions and views on different aspects of the justice system, including police effectiveness and criminals themselves. I hypothesized that the amount and type of crime dramas that Butler students watch will make them less concerned about crime and criminals, and more confident in the criminal justice system to catch offenders. Findings showed that those who enjoy crime dramas do have more confidence in the U.S. criminal justice system.

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Cornell Undergraduate Law & Society Review

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By: Kaitlyn de Armas '25

I. Introduction

As technology becomes a more integral part of quotidian life, it is almost inevitable that it coalesces within society. More than a basic physical dependence, the media and fictionalized television dramas are changing the way people perceive the world around them, altering the processes of thinking, political preferences, and cognitive ability. 1 With the increasing popularity of fictional realism, the portrayal of events and worlds that resemble real life,2 it is becoming increasingly challenging for avid viewers to distinguish reality from its scripted, TV counterpart.3 Furthermore, this blur of a false reality is only progressing through the increasing popularity of crime dramas. Feeding into the primary human attraction and fascination with fictional realism, crime themed TV shows have developed into a massive market, outnumbering every other drama subgenre and holding records among the most watched series on TV. 4 With the false and eccentric portrayal of the criminal justice system extending its reach across wider audiences, its effects are becoming more notable, as the public's modified standard for the criminal justice system is now set by an impractical level. The increasing popularity of the portrayal of the legal system in fictional television shows and glamorized media outlets has distorted the public's perception of the criminal justice system. Through the moral panic theory and a misunderstanding of the role of facts and officials, the CSI Effect has developed to intercept the system and affect the jury and verdict of criminal proceedings. 4 https://www.hollywoodreporter.com/tv/tv-news/heres-how-network-tv-depends-cop-shows-1299504/ 3 https://www.yorku.ca/mar/Till et al 2016_TV and death penalty knowledge.pdf 2 https://study.com/academy/lesson/what-is-realistic-fiction-definition-characteristics-examples.html 1 https://www.nytimes.com/2019/07/25/upshot/social-effects-television.html 11 Sporting a title inspired by the popular show, CSI: Crime Scene Investigation, the CSI Effect is the theory that watching crime television alters the public's perception of criminal court cases, supposedly influencing juror behavior. 5 By setting unrealistic expectations on the effectiveness of forensic evidence, the public and, subsequently, the jurors, tend to over-rely on physical evidence when it is presented. Because real evidence is flawed and uncertain, television shows do not exhibit the process of piecing together many types of evidence, each with some probative value and some degree of uncertainty. With this heightened expectation, the jurors then assume the high-quality forensic evidence presented on CSI, and raise their standards for acceptable particulars in real trials. Consequently, CSI inflicted jurors may be more likely to convict based on unfounded doubts on a defendant's guilt, therefore interfering with the final judgment.6

II. Background

Before being able to properly analyze the role of the CSI Effect within the criminal justice system, it is essential to first understand the faculties that have allowed it to imprint on society and the various outlets of perception that it intersects within this field. The influence of the CSI Effect stems from the extensive grasp of the media; even though, contrary to popular belief, the media's power is not derived by covertly shaping public opinion. Rather, the media affects what people think about, which in turn affects what they think.7 As the portrayal of the criminal justice system continues to flourish in television in the media, the public is becoming more aware of and exaggerating its convergences with everyday life, influencing the overestimation of crimes and creating a misinterpretation of facts. 7 https://doi.org/10.2307/2131346 6 Ibid. 5 https://plus.lexis.com/api/permalink/79ead1ad-6391-4608-853f-e1d9018b3ea5/?context=1530671 12 The media's grasp on the public's perception of their surroundings has led to the development of an overestimation of crimes stemming from the moral panic theory and mean world syndrome. The moral panic theory is an irrational and widespread fear that someone or something defined by the media is a prevalent threat to the values or interests of society, 8 while the mean world syndrome is the theory that long-term exposure to violence related content in mass media leads to the development of a cognitive bias that causes the public to view the world as more menacing than it actually is.9 Together, these two premises of false reality generate the belief that the criminal justice system is not as effective as it truly is, for people assume more crimes are occurring than actually are. If the only form of media that is consumed highlights communities of mistrust and destruction, it is inevitable that the public begins to perceive the world through this same, pessimistic lens. Furthermore, these assumptions extend their effects back into the system, as juror responses are altered based on these exaggerated beliefs. Crime television has also influenced the public's expectation for evidence. Few crimes have concrete, scientific evidence, such as ballistics, gunshot residue, or DNA evidence, all of which are commonly seen on TV and canonized as essential components of a case. The public begins to expect this level of fact when analyzing the proof, creating an unrealistic caliber for valid evidence. Within the courtroom, jurors then deliberate based on this newly defined standard, which influences court proceedings and final decisions.10 Cooperatively, the overestimation of crimes and an unrealistic expectation for evidence create the foundation for the CSI Effect, which is slowly becoming more prominent within the courtroom. These assumptions reflected from the media hold gravity within the criminal justice process as they shape the content and results of a case. 10 https://www.govtech.com/dc/articles/tv-crime-shows-warp-perceptions-of.html 9 https://happiful.com/what-is-mean-world-syndrome/ 8 https://revisionworld.com/a2-level-level-revision/media-studies-level-revision/moral-panic-theory 13

III. Outcomes of the CSI Effect

Because of the influence of the CSI Effect on juror deliberations, it is important for the prosecution to consider media resonance when crafting the prime method for asserting their case. This consideration was essential in the conviction of Edward Fields in United States v. Fields (2019). Fields was put on trial for escaping from federal prison and murdering his ex-girlfriend, amongst various other crimes. With the case focusing on the murder, the defendant based his vindication on the argument that, without any physical evidence, it was not possible to commit the crime in the time and manner that the government supposed. Playing into the jury's susceptibility to the CSI Effect, his case would seemingly be persuasive, in that Fields argued that he could not be linked to a crime without forensic proof. In order to rebut Field's argument, the prosecution had to consider the CSI Effect and develop an explanation that would sufficiently justify the lack of physical evidence, which the jury was expecting. The government knew of the CSI Effect and knew the potential power Fields's argument had on the case, so they cited this theory in order to combat it, when introducing crime scene photos of the victim's body as one of the key pieces of evidence in their case. These images explained why minimal physical evidence had been discovered-it had been carried away by animals or worn away by the elements. Using the physical evidence of photographs to justify the lack of forensic evidence, such as DNA or fingerprints that the jury expected, allowed the government to formulate a strong enough argument to win their case and convict Fields.11 Explaining to the jury why the government had little in the way of scientific proof was arguably critical to the government's case. Acknowledging the capabilities of the CSI Effect in swaying juror opinion was essential in understanding what made Fields's case strong, and how the prosecution could develop a counterargument that was stronger. 11 United States v. Fields, 483 F.3d 313 (2019). 14 Similarly, the CSI Effect played a crucial role in the ruling of Commonwealth v. Webster. In this case, John Webster was on trial for participating in a joint venture to commit home invasion, armed assault in a dwelling, armed robbery, and carrying a firearm without a license. Although text messages of the defendant saying he had a firearm and DNA in the vehicle, allowed the jury to conclude the defendant was at the crime scene, the key piece of evidence was the tire marks that supposedly matched the tires of Webster's vehicle.12 Because of the CSI Effect-inflicted mindset, the jurors deemed this information as clear and self-explanatory in Webster's conviction. The defendant argued that this evidence was unduly prejudicial because it misled the jury into believing that there was a perfect match, when there was possibility of misinterpretation or coincidence. However, this argument was not substantial in the eyes of jurors operating under the CSI mindset, for chance occurrences and incorrect conclusions such as these do not occur in the sphere of crime TV. 13 The forensic evidence of the tire tracks modeled the types of proof deemed as unquestionable in the media, leading the jury to see Webster's conviction as an absolute consequence. Recognizing the CSI Effect is essential in understanding the jury's conclusion, and where their confidence derived from.

IV. The Consequences of Public Cases in the Media

Besides the effects of crime television shows, the media plays into the CSI Effect in distorting the public's perception of the criminal justice system. When criminal proceedings are televised and heavily publicized, the line of distinction between fiction and reality is easily blurred. People see both fact and fiction portrayed through the same outlet and in the same manner, causing the expectation for both to yield the same result. Both the cases of the People of the State of California v. Orenthal James Simpson and the People of the State of California v. 13 Ibid. 12 Commonwealth v. Webster, SJC-12358 (Mass. Jul. 27, 2018). 15 Robert Blake involved grave murder charges and violent proceedings. However, due to the CSI Effect, they were perceived by the public with the same gravity as fiction TV shows because of the ways they were portrayed. Seeing these cases on TV and in the media made them appear more fictionalized, so people did not understand or grasp the depth and significance of the hearings. In the infamous case of the People of the State of California v. Orenthal James Simpson, Nicole Brown Simpson and Ron Goldman were found stabbed to death in their home.14 Because the defendant, OJ Simpson, was a prominent public figure as a football player and actor, the trial was televised, as if it were a spectacle of entertainment. On the opening day of the trial, 95 million people in the US watched, and over 150 million Americans watched the final verdict.15 The outrageous popularity of the case turned it into a cultural phenomenon, sparking mottos, such as "If the glove doesn't fit, you must acquit!"16 As press surrounding the trial continued to flourish, the search for injustice turned into a sort of spectator sport. The media completely altered the traditional roles of the case, surrounding the scene with commentary and sidebars to add to the facade.17 The lawyers, victims, and defendant were portrayed as characters in a film, while viewers were transformed into a "thirteenth juror," overstepping boundaries to a new level of involvement in the case.18 The criminal justice system, one of the United States's most powerful and influential institutions, was debased into a profit making commercial property for this case.19 With the CSI Effect convincing the public that they had a substantial amount of knowledge regarding the trial process, the people invested themselves in the case, tuning in and reacting to it as they would their favorite crime TV show. 19 Ibid. 18 https://www.theguardian.com/world/2014/jun/17/oj-simpson-trial-cameras-court-justice-culture 17 https://digitalcommons.sacredheart.edu/acadfest/2020/all/8/ 16 https://www.theguardian.com/world/2014/jun/17/oj-simpson-trial-cameras-court-justice-culture 15 Ibid. 14 https://digitalcommons.sacredheart.edu/acadfest/2020/all/8/ 16 In comparison, the People of the State of California v. Robert Blake also displayed the negative effects of excessive media portrayal and the CSI Effect in court. Robert Blake was a famous actor accused of murdering his wife.20 Because of his status in the media, Blake's case received extensive press and attention from the public; subsequently transforming the case into a media spectacle instead of a trial. The jury then had the responsibility and pressure of coming to a judgment they could confidently support, which the CSI Effect had led them to believe required steadfast, forensic evidence. Although the case lacked fingerprints, DNA, and gunshot residue, several stuntmen testified against the defense, and the prosecution was able to theoretically place the weapon in Blake's hand.21 Still, this circumstantial evidence was not valued at the same level as physical evidence by the jury, who deemed Blake 'not guilty.' The spectatorship and public interaction with the presented cases minimized the gravity of the proceedings, as people convoluted this tragic reality with similar stories enjoyed through crime TV. In both cases, the defendants were acquitted due to their substantial media influence and the effects of crime television distorting the juror and public's expectations of the criminal justice system. With such serious events being covered in the same manner as their fictional counterparts, it is clear to see how the falsities of the crime TV world prevail in reality.

V. Conclusion

As the portrayal of the criminal justice system continues to grow in popularity within television and media, its influence is reaching a wider audience and incorrectly portraying more aspects of the system. Although it may seem like a harmless form of entertainment, the media has a significant effect on the way our thoughts and opinions are formed, which is why being aware of its persuasive tendencies is important. The first step in being able to distinguish fact 21 State v. Blake, 62 S.D. 538, 255 N.W. 108 (S.D. 1934). 20 https://www.history.com/this-day-in-history/robert-blake-acquitted-of-wifes-murder 17 from fiction is encouraging viewers to recognize the outlets of false portrayal as what they truly are-falsities. Being able to separate the two will prevent the effects of the CSI Effect from interfering with court proceedings, through the moral panic theory, mean world syndrome, an unrealistic expectation for forensic evidence, and a desensitization to crime in the real world. Together, these influences represent the altered perception of reality the media has fostered, which affects the judgment of the public, and, therefore, the jury, from acting impartially. Media power and influence will only continue to grow as we delve deeper into the age of technology. Because the consequences of the CSI Effect will inevitably become more prominent within the courtroom, it is essential for both authorities and viewers to make changes inside and outside of the courtroom in order to combat this. Within the courtroom, lawyers need to acknowledge the repercussions of the CSI Effect in order to litigate an argument that will have the most influence on the jury. Explaining the realities and limitations of forensic evidence in context with the proof presented to the jury may help minimize the consequences of the media to build a stronger case. Furthermore, outside of the courtroom, crime television shows could have a statement that precedes the show, distinguishing that the contents are not factually correct. On the other hand, these production companies could work to more correctly portray the system. Although this style does not fit into the traditional structure of TV, it could develop into a new sub-genre that gives the CSI Effect a more positive connotation by correctly informing the public of the truth of the criminal justice system. Choosing to disregard the prominence of film and media within our everyday lives will not dissipate its effects, so choosing instead to acknowledge the modern intersection between the CSI Effect and the criminal justice system will allow the media to become a tool for educating the public, instead of a detriment to the values and distinction of the nation's judicial system.

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A Distorted Perception of the Criminal Justice System: The Effects of Crime Television and Media - Cornell Undergraduate Law & Society Review

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By: Kaitlyn de Armas '25 I. Introduction As technology becomes a more integral part of quotidian life, it is almost inevitable that it coalesces within society. More than a basic physical dependence, the media and fictionalized television dramas are changing the way people perceive the world a

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VIENNA, Austria - Binging television crime dramas can alter how the audience views those situations in the real world, a new study finds. Researchers in Vienna say one in five people who constantly watch American crime shows believe the death penalty is still a form of punishment their justice system uses, even if they live in a country where lawmakers abolished it.

Millions of people around the world watch and re-watch popular television shows like "Law and Order" or "Brooklyn Nine-Nine" without realizing they contain many myths and prejudices, the researchers add. While some content, like the death penalty, may ring true in the United States, it does not necessarily translate in other parts of the world. Study authors from Austria discovered die-hard viewers could temporarily struggle to tell the difference between fact and fiction.

"Human beings are constantly saving information in their memory, even when watching television," says study author Benedikt Till from MedUni Vienna's Centre for Public Health in a university release. "Unfortunately, we forget relatively quickly where this information came from."

American crime television shows portray the U.S. justice system, where the death penalty remains is a relatively common form of punishment for the most serious crimes in certain states. Replicating a study carried out in 2016, the researchers surveyed a large sample of the Austrian population about the death penalty.

The survey questions suggested capital punishment was still is use in Austria, even though the country abolished the practice in 1968. For example, participants asked "How many prisoners do you think are currently sitting on death row in Austria?" or "How many prisoners do you think have been executed by lethal injection in Austria in the last five years?"

TV misconceptions are rising

In the first study, 11 percent of respondents answered at least one question without realizing they were being misled. That rose to 18 percent in the second study. Researchers find watching U.S. crime shows was one of the primary reasons people in the European nation did not realize the death penalty is no longer in use. The more shows people watched, the more likely they were to think Austria was still giving out the death penalty.

"The effect that such a high number of respondents gave incorrect answers about the existence of the death penalty in Austria is evidently due to the consumption of US-American films and TV series," Dr. Till reports.

Do other genres confuse viewers the same way?

This remained true after the researchers accounted for other factors including gender, age, and education. Moreover, the study finds watching other shows on television did not have the same effect on answers. However, the confusion surrounding their country's justice system could also be temporary.

"People who watch a lot of US crime shows save a lot of information about the justice system and the use of the death penalty in the USA," Dr. Till explains. "Then they can easily be temporarily confused when answering ad hoc questions about the death penalty in Austria."

In the U.S., a previous study suggests that Americans crime dramas in prime time also contribute to the rising number of gun crimes throughout the country.

The findings appears in the journal Frontiers in Psychology.
South West News Service writer Tom Campbell contributed to this report.

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Watching too many TV crime dramas distorts viewers' perception of the real world

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Study authors discovered die-hard viewers of U.S. shows in other countries could temporarily struggle to tell the difference between fact and fiction.