Statistical Science in the Courtroom [Hardcover]

Joseph L. Gastwirth (Editor)

Book Description

Publication Date: August 11, 2000 | ISBN-10: 0387989978 | ISBN-13: 978-0387989976 | Edition: 1

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.

Editorial Reviews

Review

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."

 

Product Details

• Hardcover: 443 pages
• Publisher: Springer; 1 edition (August 11, 2000)
• Language: English
• ISBN-10: 0387989978
• ISBN-13: 978-0387989976
• Product Dimensions: 9.3 x 6.1 x 1 inches
• Shipping Weight: 1.4 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,486,522 in Books (See Top 100 in Books)
  • #16 in Books > Law > English Law > Courts & Procedures

Customer Reviews

Most Helpful Customer Reviews

27 of 27 people found the following review helpful:

5.0 out of 5 stars nice coverage of legal cases involving statisticians as expert witnesses, February 11, 2008

By 

Michael R. Chernick "statman31147" (Holland PA) - See all my reviews
(REAL NAME)   

This review is from: Statistical Science in the Courtroom (Hardcover)

Ever since the legal cases against the Census Bureau in 1980, statisticians have played a much more visible role testifying and providing depositions in legal cases. Due to the adversarial role lawyers play in trials we are seeing each side pit their expert statistician against the other. Many times the statistical evidence is confusing to the jury and/or the judges and the testimony tends to cancel out with verdicts being decided by other means. It is important to keep things simple. In the case about undercount adjustment for the Census in 1980, eminent statisticians argued on both sides. There was no right or wrong answer. Everything hinged on what statistical models you are willing to believe. Unfortunately, such cases revive the old adages that make statisticians kringe, "you can prove anything with statistics" and "lies, damn lies and statistics".
With the advent of DNA evidence, statisticians are asked to compute matching probablities to determine the likelihood that a suspect is the person whose DNA was found at the crime scene. The results can be overwhelming but even a statistician with expertise in DNA matching can be tripped up by clever high priced lawyers. Such was the case when Bruce Weir testified on national television in the O. J. Simpson case.

Joe Gastwirth has contributed to the statistical research applied to legal problems over the past 20 years at least and he has published a book on the subject. In this volume, he compiles a number of case stories and statistical issues in legal cases told by many very capable statisticians including Alan Izenman, Jay Kadane, Bruce Weir, Seymour Geisser, Don Rubin, Joe Gastwirth himself,David Pollard and Scott Zeger. These are all fascinating tales that will especially be appreciated by lawyers and statisticians. But this is also worthwhile reading for the general public. Read the preface, where Gastwirth gives you a synopsis of these articles.

One of my favorites is the article by Seymour Geisser who tells a sad tale about how statistical issues relating to problems in the analysis of DNA evidence is covered up by the FBI. This is taken to the extent of influencing the refereeing process for journal publications, a shocking tale!

Unfortunately even though DNA evidence can be as conclusive as a fingerprint, human error in processing the evidence can create doubt about the matching process or even pursuade a jury that evidence was planted or a defendant frame. Such things are possible and defense lawyers now exist who are up to the task of creating such doubt as was done masterfully by Johnny Cochran and Barry Scheck in the O.J. trial.