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Full-Text Articles in Evidence

Surprise Vs. Probability As A Metric For Proof, Edward K. Cheng, Matthew Ginther Jan 2018

Surprise Vs. Probability As A Metric For Proof, Edward K. Cheng, Matthew Ginther

Vanderbilt Law School Faculty Publications

In this Symposium issue celebrating his career, Professor Michael Risinger in Leveraging Surprise proposes using "the fundamental emotion of surprise" as a way of measuring belief for purposes of legal proof. More specifically, Professor Risinger argues that we should not conceive of the burden of proof in terms of probabilities such as 51%, 95%, or even "beyond a reasonable doubt." Rather, the legal system should reference the threshold using "words of estimative surprise" -asking jurors how surprised they would be if the fact in question were not true. Toward this goal (and being averse to cardinality), he suggests categories such …


Book Review: Burden Of Proof: A Review Of Math On Trial, Paul H. Edelman Jan 2013

Book Review: Burden Of Proof: A Review Of Math On Trial, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In Math on Trial, Leila Schneps and Coralie Col­ mez write about the abuse of mathematical argu­ ments in criminal trials and how these flawed arguments "have sent innocent people to prison" (p. ix). Indeed, people "saw their lives ripped apart by simple mathematical errors." The purpose of focusing on these errors, despite mathematics' "relatively rare use in trials" (p. x), is "that many of the common mathematical fallacies that pervade the public sphere are perfectly represented by these trials. Thus they serve as ideal illustrations of these errors and of the drastic consequences that faulty reasoning has on real …


When 10 Trials Are Better Than 1000: An Evidentiary Perspective On Trial Sampling, Edward K. Cheng Jan 2012

When 10 Trials Are Better Than 1000: An Evidentiary Perspective On Trial Sampling, Edward K. Cheng

Vanderbilt Law School Faculty Publications

In many mass tort cases, separately trying all individual claims is impractical, and thus a number of trial courts and commentators have explored the use of statistical sampling as a way of efficiently processing claims. Most discussions on the topic, however, implicitly assume that sampling is a “second best” solution: individual trials are preferred for accuracy, and sampling only justified under extraordinary circumstances. This Essay explores whether this assumption is really true. While intuitively one might think that individual trials would be more accurate at estimating liability than extrapolating from a subset of cases, the Essay offers three ways in …


Will Quants Rule The (Legal) World?, Edward K. Cheng Jan 2009

Will Quants Rule The (Legal) World?, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Professor Ian Ayres, in his new book, Super Crunchers, details the brave new world of statistical prediction and how it has already begun to affect our lives. For years, academic researchers have known about the considerable and at times surprising advantages of statistical models over the considered judgments of experienced clinicians and experts. Today, these models are emerging all over the landscape. Whether the field is wine, baseball, medicine, or consumer relations, they are vying against traditional experts for control over how we make decisions. For the legal system, the take-home of Ayres's book and the examples he describes is …


A Practical Solution To The Reference Class Problem, Edward K. Cheng Jan 2009

A Practical Solution To The Reference Class Problem, Edward K. Cheng

Vanderbilt Law School Faculty Publications

The "reference class problem" is a serious challenge to the use of statistical evidence that arguably arises every day in wide variety of cases, including toxic torts, property valuation, and even drug smuggling. At its core, it observes that statistical inferences depend critically on how people, events, or things are classified. As there is (purportedly) no principle for privileging certain categories over others, statistics become manipulable, undermining the very objectivity and certainty that make statistical evidence valuable and attractive to legal actors. In this paper, I propose a practical solution to the reference class problem by drawing on model selection …


Law, Statistics, And The Reference Class Problem, Edward K. Cheng Jan 2009

Law, Statistics, And The Reference Class Problem, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Statistical data are powerful, if not crucial, pieces of evidence in the courtroom. Whether one is trying to demonstrate the rarity of a DNA profile, estimate the value of damaged property, or determine the likelihood that a criminal defendant will recidivate, statistics often have an important role to play. Statistics, however, raise a number of serious challenges for the legal system, including concerns that they are difficult to understand, are given too much deference from juries, or are easily manipulated by the parties' experts. In this preview piece, I address one of these challenges, known as the "reference class problem," …