June 23, 2016

  • Courts’ use of statistics should be put on trial (a paper describing the use of Bayesian Statistics)

    Courtroom

    Lack of statistical understanding leads to fallacies in legal reasoning

    11:00am, June 20, 2016

    The Rev. Thomas Bayes was, as the honorific the Rev. suggests, a clergyman. Too bad he wasn’t a lawyer. Maybe if he had been, lawyers today wouldn't be so reluctant to enlist his mathematical insights in the pursuit of justice.

    In many sorts of court cases, from whether talcum powder causes ovarian cancer to The People v. O.J. Simpson, statistics play (or ought to play) a vital role in evaluating the evidence. Sometimes the evidence itself is statistical, as with the odds of a DNA match or the strength of a scientific research finding. Even more often the key question is how evidence should be added up to assess the probability of guilt. In either circumstance, the statistical methods devised by Bayes are often the only reasonable way of drawing an intelligent conclusion.

    Yet the courts today seem suspicious of statistics of any sort, and not without reason. In several famous cases, flawed statistical reasoning has sent innocent people to prison. But in most such instances the statistics applied in court have been primarily the standard type that scientists use to test hypotheses (producing numbers for gauging “statistical significance”). These are the same approaches that have been so widely criticized for rendering many scientific results irreproducible. Many experts believe Bayesian statistics, the legacy of a paper by Bayes published posthumously in 1763, offers a better option.

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