When the likelihood ratio approach is employed for evidential reasoning in law, it is often necessary to employ subjective probabilities, which are probabilities derived from the opinions and judgement of a human. At least three concerns arise from the use of subjective probabilities in legal applications. Firstly, human beliefs concerning probabilities can be vague, ambiguous and inaccurate. Secondly, the impact of this vagueness, ambiguity and inaccuracy on the outcome of a probabilistic analysis is not necessarily fully understood. Thirdly, the provenance (...) of subjective probabilities and the associated potential sources of vagueness, ambiguity and inaccuracy tend to be poorly understood, making it difficult for the outcome of probabilistic reasoning to be explained and validated, which is crucial in legal applications. The former two concerns have been addressed by a wide body of research in AI. The latter, however, has received little attention. This paper presents a novel approach to employ argumentation to reason about probability distributions in probabilistic models. It introduces a range of argumentation schemes and corresponding sets of critical questions for the construction and validation of argument models that define sets of probability distributions. By means of an extended example, the paper demonstrates how the approach, argumentation schemes and critical questions can be employed for the development of models and their validation in legal applications of the likelihood ratio approach to evidential reasoning. (shrink)

Legal probabilism is the view that juridical fact-finding should be modeled using Bayesian methods. One of the alternatives to it is the narration view, according to which instead we should conceptualize the process in terms of competing narrations of what happened. The goal of this paper is to develop a reconciliatory account, on which the narration view is construed from the Bayesian perspective within the framework of formal Bayesian epistemology.

It is well known that Bayes’ theorem (with likelihood ratios) can be used to calculate the impact of evidence, such as a ‘match’ of some feature of a person. Typically the feature of interest is the DNA profile, but the method applies in principle to any feature of a person or object, including not just DNA, fingerprints, or footprints, but also more basic features such as skin colour, height, hair colour or even name. Notwithstanding concerns about the extensiveness of databases (...) of such features, a serious challenge to the use of Bayes in such legal contexts is that its standard formulaic representations are not readily understandable to non-statisticians. Attempts to get round this problem usually involve representations based around some variation of an event tree. While this approach works well in explaining the most trivial instance of Bayes’ theorem (involving a single hypothesis and a single piece of evidence) it does not scale up to realistic situations. In particular, even with a single piece of match evidence, if we wish to incorporate the possibility that there are potential errors (both false positives and false negatives) introduced at any stage in the investigative process, matters become very complex. As a result we have observed expert witnesses (in different areas of speciality) routinely ignore the possibility of errors when presenting their evidence. To counter this, we produce what we believe is the first full probabilistic solution of the simple case of generic match evidence incorporating both classes of testing errors. Unfortunately, the resultant event tree solution is too complex for intuitive comprehension. And, crucially, the event tree also fails to represent the causal information that underpins the argument. In contrast, we also present a simple-to-construct graphical Bayesian Network (BN) solution that automatically performs the calculations and may also be intuitively simpler to understand. Although there have been multiple previous applications of BNs for analysing forensic evidence—including very detailed models for the DNA matching problem, these models have not widely penetrated the expert witness community. Nor have they addressed the basic generic match problem incorporating the two types of testing error. Hence we believe our basic BN solution provides an important mechanism for convincing experts—and eventually the legal community—that it is possible to rigorously analyse and communicate the full impact of match evidence on a case, in the presence of possible errors. (shrink)