Statistics In The Law Of Evidence
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Statistics In The Law Of Evidence
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Author : Nicholas Lennings
language : en
Publisher: Hart Publishing
Release Date : 2024-09-19
Statistics In The Law Of Evidence written by Nicholas Lennings and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-19 with Law categories.
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 on Australia, the UK and the USA, and drawing on examples from other common law countries. It does so by identifying that the controversy around statistical evidence follows the three-tired statistical syllogism underlying statistical inference: first, whether statistical evidence is capable of establishing an association between phenomena in a state of nature, second, that phenomena from the general association to an individual, and third, whether statistical evidence can be sufficient for proof of contested facts. Objections are said to arise at each level of the 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.
Basic Concepts Of Probability And Statistics In The Law
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Author : Michael O. Finkelstein
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-06-04
Basic Concepts Of Probability And Statistics In The Law written by Michael O. Finkelstein and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-04 with Law categories.
When as a practicing lawyer I published my ?rst article on statistical evidence in 1966, the editors of the Harvard Law Review told me that a mathematical equa- 1 tion had never before appeared in the review. This hardly seems possible - but if they meant a serious mathematical equation, perhaps they were right. Today all that has changed in legal academia. Whole journals are devoted to scienti?c methods in law or empirical studies of legal institutions. Much of this work involves statistics. Columbia Law School, where I teach, has a professor of law and epidemiology and other law schools have similar “law and” professorships. Many offer courses on statistics (I teach one) or, more broadly, on law and social science. The same is true of practice. Where there are data to parse in a litigation, stat- ticians and other experts using statistical tools now frequently testify. And judges must understand them. In 1993, in its landmark Daubert decision, the Supreme Court commanded federal judges to penetrate scienti?c evidence and ?nd it “re- 2 liable” before allowing it in evidence. It is emblematic of the rise of statistics in the law that the evidence at issue in that much-cited case included a series of epidemiological studies. The Supreme Court’s new requirement made the Federal Judicial Center’s Reference Manual on Scienti?c Evidence, which appeared at about the same time, a best seller. It has several important chapters on statistics.
Legal Evidence And Proof
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Author : Henry Prakken
language : en
Publisher: Routledge
Release Date : 2016-04-22
Legal Evidence And Proof written by Henry Prakken and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
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.
Legal Evidence And Proof
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Author : Taylor & Francis Group
language : en
Publisher: Routledge
Release Date : 2019-05-31
Legal Evidence And Proof written by Taylor & Francis Group and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-31 with categories.
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.
Legal Evidence And Proof
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Author : Hendrik Kaptein
language : en
Publisher: Ashgate Publishing Company
Release Date : 2009
Legal Evidence And Proof written by Hendrik Kaptein and has been published by Ashgate Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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. Subjects covered include, among others, division of burdens of proof, circumstantial evidence and abductive inference, and the logic of testing (false) confessions.
Statistical Science In The Courtroom
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Author : Joseph L. Gastwirth
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Statistical Science In The Courtroom written by Joseph L. Gastwirth and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
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 For Lawyers
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Author : Michael O. Finkelstein
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Statistics For Lawyers written by Michael O. Finkelstein and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
Statistics for Lawyers presents the science of statistics in action at the cutting edge of legal problems. A series of more than 90 case studies, drawn principally from actual litigation, have been selected to illustrate important areas of the law in which statistics has played a role and to demonstrate a variety of statistical tools. Some case studies raise legal issues that are being intensely debated and lie at the edge of the law. Of particular note are problems involving toxic torts, employment discrimination, stock market manipulation, paternity, tax legislation, and drug testing. The case studies are presented in the form of legal/statistical puzzles to challenge the reader and focus discussion on the legal implications of statistical findings. The techniques range from simple averaging for the estimation of thefts from parking meters to complex logistic regression models for the demonstration of discrimination in the death penalty. Excerpts of data allow the reader to compute statistical results and an appendix contains the authors' calculations.
The Use Of Statistics In Forensic Science
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Author : C. G. G. Aitken
language : en
Publisher: CRC Press
Release Date : 1991-10-31
The Use Of Statistics In Forensic Science written by C. G. G. Aitken and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-10-31 with Law categories.
Describes ways of assessing forensic science evidence and the means of communicating the assessment to a court of law. The aim of this work is to ensure that the courts consider seriously the probability of the evidence of association.
Statistical Evidence In Litigation
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Author : David W. Barnes
language : en
Publisher: Aspen Publishers
Release Date : 1995-12-31
Statistical Evidence In Litigation written by David W. Barnes and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-12-31 with categories.
This handbook on statistics for the practitioner uses cases from many different areas of law to demonstrate the use of statistics in practice. The basics of statistics are presented along with the status of statistical evidence in court.
Statistical Reasoning In Law And Public Policy
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Author : Joseph L. Gastwirth
language : en
Publisher: Elsevier
Release Date : 1988-11-28
Statistical Reasoning In Law And Public Policy written by Joseph L. Gastwirth and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-11-28 with Mathematics categories.
To reach reasoned decisions involving issues of public policy and law, statistical data and studies often need to be assessed for their accuracy and relevance. This two-volume set presents a unique and comprehensive treatment of statistical methods in legal practice. Designed to serve as a text or reference, the book presents basic concepts of probability and statistical inference applied to actual data arising from court cases concerning discrimination, trademark evidence, environmental and occupational exposure to toxic chemicals, and related health and safety topics. Substantial attention is devoted to assessing the strengths and weaknesses of statistical studies, with examples illustrating why some health studies may not have been properly designed at the outset and how actual decisions might have been reversed had more appropriate analysis of data been available to the court. This book will be of interest to lawyers and other practitioners of the law, as well as to students and researchers in the areas of statistics, statistical economics, political science, and law.