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Evidence Commons

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Science and Technology Law

Journal Articles

Statistical Evidence

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The Validity Of Tests: Caveant Omnes, David H. Kaye Jan 1987

The Validity Of Tests: Caveant Omnes, David H. Kaye

Journal Articles

A great debate swirls about the use of polygraph tests in criminal cases. Similar concerns about individual privacy and freedom arise with proposals and projects involving widespread testing of government employees for drugs and deception. Required diagnostic testing for certain diseases - most notoriously, for AIDS - raises similar concerns. Incorrect conclusions about who has taken illicit drugs, who has AIDS, and who is lying can be devastating. Yet, perfect knowledge is unattainable. Errors are inevitable. Questions of what the tendency is for these tests to err, which measures are appropriate for deciding whether to use a screening test, and …


Is Proof Of Statistical Significance Relevant?, David H. Kaye Jan 1986

Is Proof Of Statistical Significance Relevant?, David H. Kaye

Journal Articles

The classic treatises on evidence note that the court or jury must weigh the evidence, and upon weighing it, determine whether the plaintiff or the defendant prevails. Some courts, however, have indicated that statistical evidence should not be admitted unless it is subjected to a procedure known as 'hypothesis testing.' There are many rather mechanical procedures for performing these tests and a number of judges, attorneys, and law professors have suggested that hypothesis testing provides an objective, scientific means of settling disputed questions on which statistical evidence is brought to bear. Yet, many circumstances arise in which courts or administrators …