Statistical Science in the Courtroom

ISBN-13: 9781461270461 / Angielski / Miękka / 2012 / 443 str.

Joseph L. Gastwirth; Joseph L. Gastwirth

Opis

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.

Recenzje

From the reviews:

TECHNOMETRICS

"Any statistician and probably most lawyers can pick this book up and find it both enjoyable and valuable to read. It is certainly the best available tool to support either group in the effective use of expert witness testimony from statisticians in the courtroom."

 

Spis treści

1. Interpretation of Evidence, and Sample Size Determination.- 2. Statistical Issues in the Application of the Federal Sentencing Guidelines in Drug, Pornography, and Fraud Cases.- 3. Interpreting DNA evidence: Can Probability Theory Help?.- 4.Statistics, Litigation, and Conduct Unbecoming.- 5. The Consequences of Defending DNA Statistics.- 6. DNA Statistics Under Trial in the Australian Adversarial System.- 7. A Likelihood Approach to DNA Evidence.- 8. The Choice of Hypotheses in the Evaluation of DNA Profile Evidence.- 9. On the Evolution of Analytical Proof, Statistics, and the Use of Experts in EEO Litigation.- 10. A Connecticut Jury Array Challenge.- 11. Issues arising in the Use of Statistical Evidence in Discrimination Cases.- 12. Statistical Consulting in the Legal Environment.- 13. Epidemiological Causation in the Legal Context: Substance and Procedures.- 14. Judicial Review of Statistical Analyses in Environmental Rulemakings.- 15. Statistical Testimony on Damages inMinnesota v. Tobacco Industry.- 16. Statistical Issues in the Estimation of the Causal Effects of Smoking Due to the Conduct of the Tobacco Industry.- 17. Forensic Statistics and Multiparty Bayesianism.- 18. Warranty Contracts and Equilibrium Probabilities.- 19 .Death and Deterrence: Notes on a Still Inchoate Judicial Inquiry.- 20. Introduction to Two Views on theShonubiCase.- 21. TheShonubiCase as an Example of the Legal System’s Failure to Appreciate Statistical Evidence.- 22. Assessing the Statistical Evidence in theShonubicase.

O autorze

In recent years, statistics has played in an increasing important role in the courtroom. Written at a popular level, this collection of articles by leading statistical consultants discusses the impact of testimony on the consultants, judges, and juries. The primary issue is how well the legal system accepts and interprets statistical evidence and how the recepton of this evidence by the legal process can be improved.