Statistics in the Law: A Practitioner's Guide, Cases, and Materials

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Overview

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.

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Product Details

  • ISBN-13: 9780195309232
  • Publisher: Oxford University Press, USA
  • Publication date: 5/23/2008
  • Pages: 472
  • Product dimensions: 6.10 (w) x 9.30 (h) x 1.00 (d)

Meet the Author

Joseph B. Kadane is a Leonard J. Savage University Professor of Statistics and Social Sciences, Emeritus at Carnegie Mellon University

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Table of Contents

Introduction: Deciding Whether to be an Expert Witness 6
Part 1. What's it like to be an Expert Witness? 9
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 33
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 356
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

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