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Statistics in the Law is primarily a user's manual or desk reference for the expert witness-lawyer team and, secondarily, 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 addresses individual cases covering a wide variety of questions, including:
·Does electronic draw poker require skill to play?
·Did the New Jersey State Police disproportionately stop black motorists?
·Is a jury a representative cross section of the community?
·Were ballots tampered with in an election?
The book concludes with Part 5, a review of English law, that includes a case 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 an examination of 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.
Pt. 1 What's It Like to Be an Expert Witness? 1
A Pioneers 3
1 Damned Liars and Expert Witnesses Paul Meier Meier, Paul 4
2 Statisticians, Econometricians, and Adversary Proceedings Franklin M. Fisher Fisher, Franklin M. 20
B A Very Brief Introduction to U.S. Law, and to the Role of Expert Witnesses 39
C Qualifications and Responsibilities of the Expert Witness 42
1 Epidemiologic Evidence in the Silicone Breast Implant Cases Michael O. Finkelstein Finkelstein, Michael O. Bruce Levin Levin, Bruce 43
2 Frye v. United States 50
3 Daubert v. Merrell Dow Pharmaceuticals 52
4 Kumho Tire Co. v. Carmichael 66
D Ethical Issues in Being an Expert Witness Joseph B. Kadane Kadane, Joseph B. 81
E Panitz v. Behrend 84
Pt. 2 Discrimination 89
A Discrimination in Employment 92
1 A Statistical Analysis of Adverse Impact of Employer Decisions Joseph B. Kadane Kadane, Joseph B. 93
2 Hierarchical Models for Employment Decisions Joseph B. Kadane Kadane, Joseph B. George G. Woodworth Woodworth, George G. 110
E Civil Incarceration of Violent Sexual Offenders 363
1 Expert Testimony Supporting Post-Sentence Civil Incarceration of Violent Sexual Offenders George G. Woodworth Woodworth, George G. Joseph B. Kadane Kadane, Joseph B. 364
F Patent Misconduct 386
1 Crossing Lines in a Patent Case Joseph B. Kadane Kadane, Joseph B. 387
Pt. 5 English Law 395
A A Very Brief Introduction to English Law 397
B Criminal Convictions and Statistical Independence 399
1 Reflections on the Cot Death Cases Ray Hill Hill, Ray 400
2 R v. Sally Clark 406
3 The People v. Collins 412
C Presenting Bayesian Analysis to the Jury 425
1 Appealing Statistics Peter Donnelly Donnelly, Peter426
2 R v. Adams 432
3 Denis John Adams, R. v. EWCA 438