Statistics In The Law Of Evidence

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Legal Evidence and Proof

Author : Henry Prakken
Publisher : Routledge
ISBN 13 : 1317106296
Total Pages : 481 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legal Evidence and Proof by : Henry Prakken

Download or read book Legal Evidence and Proof written by Henry Prakken and published by Routledge. This book was released on 2016-04-22 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

Statistical Evidence

Author : Richard Royall
Publisher : Routledge
ISBN 13 : 1351414569
Total Pages : 191 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Statistical Evidence by : Richard Royall

Download or read book Statistical Evidence written by Richard Royall and published by Routledge. This book was released on 2017-11-22 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpreting statistical data as evidence, Statistical Evidence: A Likelihood Paradigm focuses on the law of likelihood, fundamental to solving many of the problems associated with interpreting data in this way. Statistics has long neglected this principle, resulting in a seriously defective methodology. This book redresses the balance, explaining why science has clung to a defective methodology despite its well-known defects. After examining the strengths and weaknesses of the work of Neyman and Pearson and the Fisher paradigm, the author proposes an alternative paradigm which provides, in the law of likelihood, the explicit concept of evidence missing from the other paradigms. At the same time, this new paradigm retains the elements of objective measurement and control of the frequency of misleading results, features which made the old paradigms so important to science. The likelihood paradigm leads to statistical methods that have a compelling rationale and an elegant simplicity, no longer forcing the reader to choose between frequentist and Bayesian statistics.

Statistics and the Evaluation of Evidence for Forensic Scientists

Author : Colin Aitken
Publisher : John Wiley & Sons
ISBN 13 : 047001122X
Total Pages : 540 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Statistics and the Evaluation of Evidence for Forensic Scientists by : Colin Aitken

Download or read book Statistics and the Evaluation of Evidence for Forensic Scientists written by Colin Aitken and published by John Wiley & Sons. This book was released on 2004-11-19 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of Statistics and the Evaluation of Evidence for Forensic Scientists established itself as a highly regarded authority on this area. Fully revised and updated, the second edition provides significant new material on areas of current interest including: Glass Interpretation Fibres Interpretation Bayes’ Nets The title presents comprehensive coverage of the statistical evaluation of forensic evidence. It is written with the assumption of a modest mathematical background and is illustrated throughout with up-to-date examples from a forensic science background. The clarity of exposition makes this book ideal for all forensic scientists, lawyers and other professionals in related fields interested in the quantitative assessment and evaluation of evidence. 'There can be no doubt that the appreciation of some evidence in a court of law has been greatly enhanced by the sound use of statistical ideas and one can be confident that the next decade will see further developments, during which time this book will admirably serve those who have cause to use statistics in forensic science.' D.V. Lindley

The Evolving Role of Statistical Assessments as Evidence in the Courts

Author : Stephen E. Fienberg
Publisher : Springer Science & Business Media
ISBN 13 : 1461236045
Total Pages : 359 pages
Book Rating : 4.4/5 (612 download)

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Book Synopsis The Evolving Role of Statistical Assessments as Evidence in the Courts by : Stephen E. Fienberg

Download or read book The Evolving Role of Statistical Assessments as Evidence in the Courts written by Stephen E. Fienberg and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: With increasing frequency, the proof of facts in legal proceedings en tails the use of quantitative methods. Judges, lawyers, statisticians, social scientists, and many others involved in judicial processes must address is sues such as the evaluation and interpretation of quantitative evidence, the ethical and professional obligations of expert witnesses, and the roles of court-appointed witnesses. The Panel on Statistical Assessments as Evi dence in the Courts was convened to help clarify these issues and provide some guidance in addressing the difficulties encountered in the use of quan titative assessments in legal proceedings. This report is the culmination of more than three years of research and deliberation. In it, we address a variety of issues that arise in federal and state court proceedings when statistical assessments such as quantitative descriptions, causal inferences, and predictions of events based on earlier occurrences are presented as evidence. We appraise the forms in which such assessments are presented, aspects of their admission into evidence, and the response to and evaluation of them by judges and juries.

The Double Helix and the Law of Evidence

Author : David H. Kaye
Publisher : Harvard University Press
ISBN 13 : 9780674054110
Total Pages : 360 pages
Book Rating : 4.0/5 (541 download)

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Book Synopsis The Double Helix and the Law of Evidence by : David H. Kaye

Download or read book The Double Helix and the Law of Evidence written by David H. Kaye and published by Harvard University Press. This book was released on 2010-05-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridging law, genetics, and statistics, this book is an authoritative history of the long and tortuous process by which DNA science has been integrated into the American legal system. In a history both scientifically sophisticated and comprehensible to the nonspecialist, David Kaye weaves together molecular biology, population genetics, the legal rules of evidence, and theories of statistical reasoning as he describes the struggles between prosecutors and defense counsel over the admissibility of genetic proof of identity. Combining scientific exposition with stories of criminal investigations, scientific and legal hubris, and distortions on all sides, Kaye shows how the adversary system exacerbated divisions among scientists, how lawyers and experts obfuscated some issues and clarified others, how probability and statistics were manipulated and misunderstood, and how the need to convince lay judges influenced the scientific research. Looking to the future, Kaye uses probability theory to clarify legal concepts of relevance and probative value, and describes alternatives to race-based DNA profile frequencies. Essential reading for lawyers, judges, and expert witnesses in DNA cases, The Double Helix and the Law of Evidence is an informative and provocative contribution to the interdisciplinary study of law and science.

The Law of Evidence

Author : I. H. Dennis
Publisher :
ISBN 13 : 9781847038562
Total Pages : 0 pages
Book Rating : 4.0/5 (385 download)

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Book Synopsis The Law of Evidence by : I. H. Dennis

Download or read book The Law of Evidence written by I. H. Dennis and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the law of evidence, this book includes essential doctrinal analysis. It takes an account of evidence theory, psychological research on information processing and retrieval, socio-legal work on police investigations, and jury research projects. It reviews changes to the law, brought about by the Criminal Justice Act 2003.

Foundations of Evidence Law

Author : Alex Stein
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198257363
Total Pages : 248 pages
Book Rating : 4.2/5 (573 download)

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Book Synopsis Foundations of Evidence Law by : Alex Stein

Download or read book Foundations of Evidence Law written by Alex Stein and published by Oxford University Press on Demand. This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk asthey deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle,fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.

The Evaluation of Forensic DNA Evidence

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309134404
Total Pages : 270 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Evaluation of Forensic DNA Evidence by : National Research Council

Download or read book The Evaluation of Forensic DNA Evidence written by National Research Council and published by National Academies Press. This book was released on 1996-12-12 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.

Statistics in the Law

Author : Joseph B. Kadane
Publisher : Oxford University Press
ISBN 13 : 0195309235
Total Pages : 470 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Statistics in the Law by : Joseph B. Kadane

Download or read book Statistics in the Law written by Joseph B. Kadane and published by Oxford University Press. This book was released on 2008-05-23 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction: Deciding Whether to be an Expert Witness 6. Part 1. What's it like to be an Expert Witness? 9. Introduction. A: Pioneers. 1. Damned Liars and Expert Witnesses Paul Meier. 2. Statisticians, Econometricians, and Adversary Proceedings Franklin M. Fisher. B A Very Brief Introduction to U.S. Law, and to the Role of Expert Witnesses. C Qualifications and Responsibilities of the Expert Witness 33. 1. Epidemiologic Evidence in the Silicone Breast Implant Cases Michael O. Finkelstein and Bruce Levin. 2. Frye v. United States. 3. Daubert v. Merrell Dow Pharmaceuticals. 4. Kumho Tire Co. v.

Evidence Matters

Author : Susan Haack
Publisher : Cambridge University Press
ISBN 13 : 1107039967
Total Pages : 445 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Evidence Matters by : Susan Haack

Download or read book Evidence Matters written by Susan Haack and published by Cambridge University Press. This book was released on 2014-07-28 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Failed Evidence

Author : David A. Harris
Publisher : NYU Press
ISBN 13 : 0814790550
Total Pages : 270 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Failed Evidence by : David A. Harris

Download or read book Failed Evidence written by David A. Harris and published by NYU Press. This book was released on 2012-09-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth,asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science—it rejects it instead, resisting it vigorously. The question at the heart of this book is why. »» Eyewitness identifications procedures using simultaneous lineups—showing the witness six persons together,as police have traditionally done—produces a significant number of incorrect identifications. »» Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect’s guilt significantly increase the prospect of an innocent person confessing falsely. »» Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment.Examiners generally claim a zero rate of error – an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer.Justice demands no less.

Statistical Science in the Courtroom

Author : Joseph L. Gastwirth
Publisher : Springer Science & Business Media
ISBN 13 : 1461212162
Total Pages : 454 pages
Book Rating : 4.4/5 (612 download)

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Book Synopsis Statistical Science in the Courtroom by : Joseph L. Gastwirth

Download or read book Statistical Science in the Courtroom written by Joseph L. Gastwirth and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert testimony relying on scientific and other specialized evidence has come under increased scrutiny by the legal system. A trilogy of recent U.S. Supreme Court cases has assigned judges the task of assessing the relevance and reliability of proposed expert testimony. In conjunction with the Federal judiciary, the American Association for the Advancement of Science has initiated a project to provide judges indicating a need with their own expert. This concern with the proper interpretation of scientific evidence, especially that of a probabilistic nature, has also occurred in England, Australia and in several European countries. Statistical Science in the Courtroom is a collection of articles written by statisticians and legal scholars who have been concerned with problems arising in the use of statistical evidence. A number of articles describe DNA evidence and the difficulties of properly calculating the probability that a random individual's profile would "match" that of the evidence as well as the proper way to intrepret the result. In addition to the technical issues, several authors tell about their experiences in court. A few have become disenchanted with their involvement and describe the events that led them to devote less time to this application. Other articles describe the role of statistical evidence in cases concerning discrimination against minorities, product liability, environmental regulation, the appropriateness and fairness of sentences and how being involved in legal statistics has raised interesting statistical problems requiring further research.

Statistics in the Law of Evidence

Author : Nicholas Lennings
Publisher : Bloomsbury Publishing
ISBN 13 : 1509957359
Total Pages : 271 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Statistics in the Law of Evidence by : Nicholas Lennings

Download or read book Statistics in the Law of Evidence written by Nicholas Lennings and published by Bloomsbury Publishing. This book was released on 2024-11-14 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates the role played by statistical evidence in litigation. Despite the increasing prevalence of statistical evidence in modern litigation, how such evidence should be admitted and used by courts is often inconsistent and widely criticised. Accepting that statistical evidence can lead to more accurate decisions, the book proposes criteria that could allow courts to decide that statistical evidence is good for fact-finding. The many and varied scholarly debates regarding statistical evidence have by and large avoided judicial attention. Unlike previous works, this book contextualises those debates in the language and practice of evidence law, focusing principally on Australia, as well as the UK and the USA. It does so by identifying that the controversy around statistical evidence follows the three-tiered statistical syllogism underlying statistical inference: first, whether statistical evidence is capable of establishing an association between phenomena in a state of nature; second, inferring that phenomena to an individual from the general association; and third, whether statistical evidence can be sufficient for proof of contested facts. Objections are said to arise at each level of this syllogism and, by mapping these objections onto evidence law, the book argues that a pathway for the judicial evaluation of statistical evidence can be constructed.

Probability and Forensic Evidence

Author : Ronald Meester
Publisher : Cambridge University Press
ISBN 13 : 1108428274
Total Pages : 455 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Probability and Forensic Evidence by : Ronald Meester

Download or read book Probability and Forensic Evidence written by Ronald Meester and published by Cambridge University Press. This book was released on 2021-04-08 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: A self-contained examination of all aspects of statistical evidence evaluation in forensic science, from theory to concrete applications.

Reference Manual on Scientific Evidence

Author :
Publisher :
ISBN 13 :
Total Pages : 652 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Reference Manual on Scientific Evidence by :

Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Proof

Author : Frederick Schauer
Publisher : Harvard University Press
ISBN 13 : 0674276256
Total Pages : 321 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Proof by : Frederick Schauer

Download or read book The Proof written by Frederick Schauer and published by Harvard University Press. This book was released on 2022-05-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.