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Trouble with Statistical Evidence

NCJ Number
116692
Journal
Law and Contemporary Problems Volume: 49 Issue: 3 Dated: (Summer 1986) Pages: 221-236
Author(s)
R Schmalbeck
Date Published
1986
Length
16 pages
Annotation
This article discusses the role and validity of statistical evidence when it is the only evidence used to support a court's judgment.
Abstract
The author examines the outcomes of three hypothetical cases using statistics as evidence and defends the nature of statistical evidence, arguing that problems arise when it is used erroneously. Problems arise when statistics are derived from an inappropriately examined sample, thus threatening our confidence in the conclusions. Another statistical fallacy occurs when those offering statistical evidence mistake a conclusion true for a part as a conclusion true about a larger whole. The author concludes that statistical evidence must be used very carefully because it can convey much less about the ultimate factual issues in a case than it seems to convey. When used with care, statistical evidence can be as useful and reliable as nonstatistical evidence. 25 footnotes.

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