An important look at the 95% of criminal cases that end up plea bargains.
By Garrett and Mitchell
However, a CSI effect could be more consequential if it affects how criminal lawyers assess forensic evidence when they negotiate pleas or decide what evidence to present at trial. In this Essay, we begin to examine how criminal defense lawyers and prosecutors assess forensics, and we compare their views to those expressed by lay jurors. Part I of this Essay surveys the literature on the role that evidence plays in the plea bargaining process. In Part II, we present the results of two surveys that examine views on fingerprint and DNA evidence. We conclude in Part III by outlining how these surveys can provide a useful starting place for further research and policy.