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Statistics in the Law

Statistics in the Law

Author: Joseph Kadane
Publisher: Oxford University Press USA
ISBN: 9780195309232
Published In: June 2008
Format: Hardback , 472 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The book will serve primarily as a user's manual or desk reference for the expert witness-lawyer team and secondarily as a textbook or supplemental textbook for upper level undergraduate statistics students. It starts with two articles by masters of the trade, Paul Meier and Franklin Fisher.

It then explains the distinction between the Frye and Daughbert standards for expert testimony, and how these standards play out in court. The bulk of the book is concerned with individual cases ranging over a wide variety of topics, such as electronic draw poker (does it require skill to play), employment discrimination (how to tell whether an employer discriminated against older workers in deciding whom to fire), driving while black (did the New Jersey State Police disproportionately stop blacks), jury representativeness (is a jury a representative cross section of the community), juries hearing death penalty cases (are such juries biased toward a guilty verdict, and does the Supreme Court care), the civil incarceration of violent sexual offenders after having served their jail sentences (can future dangerousness be predicted), do data from multiple choice examinations support an allegation of copying, whether rental agents in an apartment complex steered African-American prospects to one part of the complex, how much tax is owed after an audit that used a random sample, whether an inventor falsified his notebook in an effort to fool the Patent Office, and whether ballots had been tampered with in an election.

The book concludes with two recent English cases, one in which a woman was accused of murdering her infant sons because both died of cot death" or sudden death syndrome," (she was convicted, but later exonerated), and how Bayesian analyses can (or more precisely), cannot be presented in UK courts. In each study, the statistical analysis is shaped to address the relevant legal questions, and draws on whatever methods in statistics might shed light on those questions.
Introduction: Deciding Whether to be an Expert Witness

Part
1. What's it like to be an Expert Witness?

Introduction

A: Pioneers

1. Damned Liars and Expert Witnesses ;Paul Meier

2. Statisticians, Econometricians, and Adversary Proceedings ;Franklin M. Fisher

B A Very Brief Introduction to U.S. Law, and to the Role of Expert Witnesses

C Qualifications and Responsibilities of the Expert Witness

1. Epidemiologic Evidence in the Silicone Breast Implant Cases ;Michael O. Finkelstein and Bruce Levin

2. Frye v. United States

3. Daubert v. Merrell Dow Pharmaceuticals

4. Kumho Tire Co. v. Carmichael

D Ethical Issues in Being an Expert Witness; Joseph B. Kadane

E Panitz v. Behrend

Part
2. Discrimination

A: Discrimination in Employment

1. A Statistical Analysis of Adverse Impact of Employment Decisions ;Joseph B. Kadane

2. Hierarchical Models for Employment Decisions ;Joseph B. Kadane and George G. Woodworth

B: Driving While Black

1. State of New Jersey v. Soto

2. Missing Data in the Forensic Context; Joseph B. Kadane and Norma Terrin

3. Counting Cars in a Legal Case Involving Differential Enforcement ;Norma Terrin and Joseph B. Kadane

4. Selected Highlights of the Interim Report of the State Police Review Team Regarding Allegations of Racial Profiling

C: Racial Steering

1. Alleged Racial Steering in an Apartment Complex; Jason T. Connor and Joseph B. Kadane

Part 3: Jury Discrimination

Introduction

A: Jury Representativeness

1. Jury Representativeness: A Mandate for Multiple Source Lists ;David Kairys, Joseph B. Kadane and John P. Lehoczky

B: Juries in Death Penalty Cases

1. Juries Hearing Death Penalty Cases: Statistical Analysis of a Legal Procedure ;Joseph B. Kadane

2. Lockhart v. McCree

3. Anatomy of a Jury Challenge; Joseph B. Kadane

4. Azania v. State of Indiana

Part 4:. Other Adventures

Other Adventures as an Expert Witness

A: Electronic Draw Poker 1. Does Electronic Draw Poker Require Skill to Play? ;Joseph B. Kadane

2. Comment ;John Lehoczky

3. Rejoinder; Joseph B. Kadane

4. Chance and Skill in Games: Electronic Draw Poker; Marc J. Ware and Joseph B. Kadane

B: Cheating on Examinations

1. An Allegation of Examination Copying ;Joseph B. Kadane

C: Tax Audits

1. Statistical Sampling in Tax Audits ;Joseph C. Bright, Jr., Joseph B. Kadane and Daniel S. Nagin

D: Vote Tampering

1. Vote Tampering in a District Justice Election in Beaver County, PA ;Ilaria DiMatteo and Joseph B. Kadane; E: Civil Incarceration of Violent Sexual Offenders

1. Expert Testimony Supporting Post-Sentence Civil Incarceration of Violent Sexual Offenders ;George C. Woodworth and Joseph B. Kadane

F: Patent Misconduct

1. Crossing Lines in a Patent Case ;Joseph B. Kadane

Part 5:. English Law

Introduction

A: A Very Brief Introduction to English Law

B: Criminal Convictions and Statistical Independence

1. Reections on the Cot Death Cases Ray Hill

2. R. v Sally Clark

3. The People v. Collins

C: Presenting Bayesian Analysis to the Jury

1. Appealing Statistics ;Peter Donnelly

2. R. v Adams ;
Joseph B. Kadane, Professor, Department of Statistics, Carnegie Mellon University, USA
"...this book contains a varied collection of insightful articles which will be of interest to any statistician who might venture into the courtroom as an expert witness." - W. John Braun. University of Western Ontario, Law, Probability and Risk, vol 8