1 Introduction.- 1.1 Overview.- 1.2 The Field of Statistics and Statistical Assessments.- 1.3 Methodology.- 1.4 Early Uses of Probability and Statistics in the Law.- 1.5 The Increasing Volume of Statistical Argument.- 1.6 Cost and Benefits Associated with Increased Use of Statistics.- 1.7 Outline of Report and Summary of Principal Recommendations.- 2 Case Studies.- 2.1 Introduction.- 2.2 Vuyanich v. Republic National Bank.- 2.3 Carter et al. v. Newsday.- 2.4 E.E.O.C. v. Federal Reserve Bank of Richmond.- 2.5 Gulf South Insulation v. U.S. Consumer Product Safety Commission.- 2.6 U.S. ex rel. DiGiacomo v. Franzen.- 2.7 Corrugated Container Antitrust Litigation.- 2.8 Some Lessons: The Institutional Competence of Courts.- 3 Review of the Use of Statistics in Selected Areas of Litigation.- 3.1 Introduction.- 3.2 Title VII Employment Discrimination Litigation.- 3.3 Statistical and Economic Assessment in Antitrust Litigation.- 3.4 Statistical Assessments as Evidence in Environmental Law.- 4 Statistics, Law, and Expert Testimony.- 4.1 The Methodologies of Law and Statistics.- 4.2 Major Differences Between Legal and Statistical Thinking.- 4.3 The Meeting of Two Cultures.- 4.4 Working Relationships Between Scientists and Lawyers.- 4.5 Psychological Problems with Statistical Testimony.- 5 Some Partial Solutions to the Problems Arising from Expert Statistical Testimony.- 5.1 Introduction.- 5.2 The Expert Witness: Advocate or Impartial Evaluator and Educator?.- 5.3 Statistics and Pretrial Discovery.- 5.4 The Role of Court-Appointed Experts.- 5.5 Enhancing the Capability of the Fact Finder.- 5.6 The Role of Statistical Education in the Presentation of Evidence.- 5.7 Implications for a Research Agenda.- Appendices:.- A Statistical Approaches, Probability Interpretations, and the Quantification of Standards of Proof.- A.l Relevance Versus Statistical Fluctuations.- A.2 Views on Statistical Inference.- A.3 Standards of Proof.- A.4 Pascalian Versus Baconian Probability.- A.5 Annotated Bibliography on Selected Topics in Statistical.- Methodology.- B Brief Historical Survey of the Legal Uses of Probability and Statistics Prior to 1970.- C The Federal Rules of Evidence.- C.l The Role of the Rules.- C.2 Selected Rules.- D Expert Witnesses in Other Fields.- D.l Expert Testimony in Psychology.- D.2 Expert Testimony in Psychiatry.- D.3 Standards for Expert Opinions in Engineering.- E Excerpt from Federal Rules of Civil Procedure.- F Recommendations on Pretrial Proceedings in Cases with Voluminous Data.- G A Comparative Perspective on the Role of Experts in Legal Proceedings.- G.l Overview of a Continental System.- G.2 The Role of Experts in the West German System.- G.3 Differing Roles for American and Continental Experts.- H Assessing the Impact of Statistical Evidence, A Social Science Evidence.- I Biographies of Panel Members and Staff.- References.- Index of Cases.- Author Index.
With increasing frequency, the proof of facts in legal proceedings en tails the use of quantitative methods. Judges, lawyers, statisticians, social scientists, and many others involved in judicial processes must address is sues such as the evaluation and interpretation of quantitative evidence, the ethical and professional obligations of expert witnesses, and the roles of court-appointed witnesses. The Panel on Statistical Assessments as Evi dence in the Courts was convened to help clarify these issues and provide some guidance in addressing the difficulties encountered in the use of quan titative assessments in legal proceedings. This report is the culmination of more than three years of research and deliberation. In it, we address a variety of issues that arise in federal and state court proceedings when statistical assessments such as quantitative descriptions, causal inferences, and predictions of events based on earlier occurrences are presented as evidence. We appraise the forms in which such assessments are presented, aspects of their admission into evidence, and the response to and evaluation of them by judges and juries.
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