Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (37)
- Criminal Law (34)
- Legal Writing and Research (13)
- Criminal Procedure (12)
- Litigation (11)
-
- Civil Procedure (8)
- Fourth Amendment (8)
- Legal History (7)
- Constitutional Law (5)
- Courts (5)
- Family Law (5)
- Jurisprudence (5)
- Law and Society (5)
- Legal Profession (5)
- Legal Studies (5)
- Social and Behavioral Sciences (5)
- Supreme Court of the United States (5)
- Civil Law (4)
- Legal Ethics and Professional Responsibility (4)
- State and Local Government Law (4)
- Forensic Science and Technology (3)
- Judges (3)
- Legislation (3)
- Antitrust and Trade Regulation (2)
- Juvenile Law (2)
- Law and Psychology (2)
- Physical Sciences and Mathematics (2)
- Administrative Law (1)
- Keyword
-
- Evidence (17)
- Probability (9)
- DNA databases (8)
- Search and seizure (7)
- Fourth Amendment (5)
-
- DNA (4)
- Forensic science (4)
- Privacy (4)
- Scientific evidence (4)
- Statistical Evidence (4)
- Criminalistics (3)
- DNA evidence (3)
- Daubert (3)
- Discovery (3)
- Proof (3)
- Admissibility (2)
- Arrest (2)
- Bayes (2)
- Bayes' rule (2)
- Child abuse (2)
- Criminal Law (2)
- Criminal law (2)
- DNA Evidence (2)
- DNA profiling (2)
- Database (2)
- Due Process (2)
- Fifth Amendment (2)
- Fingerprints (2)
- Fourth amendment (2)
- Frye (2)
- Publication Year
- Publication
- Publication Type
Articles 61 - 63 of 63
Full-Text Articles in Evidence
Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye
Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye
Faculty Scholarship
This article responds to L. Jonathan Cohen's critique of the author's position regarding the problem of naked statistical evidence. Cohen argues that the kind of probability at work in litigation does not conform to the axioms of mathematical probability. The author responds by suggesting that the familiar theory of probability needs no revision to account for the reluctance of a few courts to permit plaintiffs to prevail on the strength of background statistics alone. One need not adopt Dr. Cohen's esoteric mathematical structure to explain the burden of proof in civil cases. The article shows that whether or not one …
Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye
Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye
Faculty Scholarship
While a mathematical model cannot reflect all the elements of reality, modeling involves drastic simplifications, and those expounding the mathematical model would recognize the complexity of the elements. This article illuminates this cause with a mathematical model that seems to be in vogue, developed by the renowned mathematician Simeon Poisson. It reviews the Poisson model in order to enucleate its many assumptions. It also explains why these assumptions may introduce serious errors into the probabilities calculated according to the model. It also indicates one reason that even a relatively error free model would have limited usefulness in resolving the constitutional …
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Faculty Scholarship
Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …