The book was planned and written as a single, sustained argument. But earlier versions of a few parts of it have appeared separately. The object of this book is both to establish the existence of the paradoxes, and also to describe a non-Pascalian concept of probability in terms of which one can analyse the structure of forensic proof without giving rise to such typical signs of theoretical misfit. Neither the complementational principle for negation nor the multiplicative principle for conjunction applies (...) to the central core of any forensic proof in the Anglo-American legal system. There are four parts included in this book. Accordingly, these parts have been written in such a way that they may be read in different orders by different kinds of reader. (shrink)

Considers that intuitive predictions follow a judgmental heuristic-representativeness. By this heuristic, people predict the outcome that appears most representative of the evidence. Consequently, intuitive predictions are insensitive to the reliability of the evidence or to the prior probability of the outcome, in violation of the logic of statistical prediction. The hypothesis that people predict by representativeness was supported in a series of studies with both naive and sophisticated university students. The ranking of outcomes by likelihood coincided with the ranking by (...) representativeness, and Ss erroneously predicted rare events and extreme values if these happened to be representative. The experience of unjustified confidence in predictions and the prevalence of fallacious intuitions concerning statistical regression are traced to the representativeness heuristic. (shrink)

There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...) The puzzle is not, however, merely a legal one. Our unwillingness to base beliefs on statistical evidence is by no means limited to the courtroom, and is at odds with almost every general principle that epistemologists have proposed as to how we ought to manage our beliefs. (shrink)

Moral encroachment holds that the epistemic justification of a belief can be affected by moral factors. If the belief might wrong a person or group more evidence is required to justify the belief. Moral encroachment thereby opposes evidentialism, and kindred views, which holds that epistemic justification is determined solely by factors pertaining to evidence and truth. In this essay I explain how beliefs such as ‘that woman is probably an administrative assistant’—based on the evidence that most women employees at the (...) firm are administrative assistants—motivate moral encroachment. I then describe weaknesses of moral encroachment. Finally I explain how we can countenance the moral properties of such beliefs without endorsing moral encroachment, and I argue that the moral status of such beliefs cannot be evaluated independently from the understanding in which they are embedded. (shrink)

The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...) a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

In this article it is argued that the standard theoretical account of risk in the contemporary literature, which is cast along probabilistic lines, is flawed, in that it is unable to account for a particular kind of risk. In its place a modal account of risk is offered. Two applications of the modal account of risk are then explored. First, to epistemology, via the defence of an anti-risk condition on knowledge in place of the normal anti-luck condition. Second, to legal (...) theory, where it is shown that this account of risk can cast light on the debate regarding the extent to which a criminal justice system can countenance the possibility of wrongful convictions. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to the impossibility of (...) no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

It is argued that the standard way that the criminal justice debate regarding the permissible extent of wrongful convictions is cast is fundamentally flawed. In particular, it is claimed that there is an inherent danger in focussing our attention in this debate on different ways of measuring the probabilistic likelihood of wrongful conviction and then evaluating whether these probabilities are unacceptably high. This is because such probabilistic measures are clumsy ways of capturing the level of risk involved, to the extent (...) that a defendant can be subject to an unacceptably high level of legal risk in this regard even where the relevant probabilities are very low. An alternative conception of legal risk – one that is primarily cast along modal rather than probabilistic lines – is set out which offers a much better way of framing the debate regarding what would be an acceptable level of wrongful conviction. It is further argued that with this modal conception of legal risk in play we can capture an important necessary condition that should be imposed on legal evidence, one that has application beyond the context of the criminal trial. (shrink)

Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (shrink)

Journal of Political Philosophy, EarlyView.

Sometimes appearances provide epistemic support that gets undercut later. In an earlier paper I argued that standard Bayesian update rules are at odds with this phenomenon because they are ‘rigid’. Here I generalize and bolster that argument. I first show that the update rules of Dempster–Shafer theory and ranking theory are rigid too, hence also at odds with the defeasibility of appearances. I then rebut three Bayesian attempts to solve the problem. I conclude that defeasible appearances pose a more difficult (...) and pervasive challenge for formal epistemology than is currently thought. 1 The Challenge for Bayesianism1.1 Updating and experience1.2 The problem1.3 Objections2 The Challenge for Dempster–Shafer Theory2.1 Background on Dempster–Shafer theory2.2 The problem for Dempster–Shafer theory3 The Challenge for Ranking Theory4 The Appeal to Metacognition5 The Appeal to Richer Inputs6 The Appeal to a Generic Underminer7 Conclusion. (shrink)

ON DECEMBER 10, 1991 Charles Shonubi, a Nigerian citizen but a resident of the USA, was arrested at John F. Kennedy International Airport for the importation of heroin into the United States.1 Shonubi's modus operandi was ``balloon swallowing.'' That is, heroin was mixed with another substance to form a paste and this paste was sealed in balloons which were then swallowed. The idea was that once the illegal substance was safely inside the USA, the smuggler would pass the balloons and (...) recover the heroin. On the date of his arrest, Shonubi was found to have swallowed 103 balloons containing a total of 427.4 grams of heroin. There was little doubt about Shonubi's guilt. In fact, there was considerable evidence that he had made at least seven prior heroin-smuggling trips to the USA (although he was not tried for these). In October 1992 Shonubi was convicted in a United States District Court for possessing and importing heroin. Although the conviction was only for crimes associated with Shonubi's arrest date of December 10, 1991, the sentencing judge, Jack B. Weinstein, also made a ®nding that Shonubi had indeed made seven prior drug-smuggling trips to the USA. The interesting part of this case was in the sentencing. According to the federal sentencing guidelines, the sentence in cases such as this should depend on the total quantity of heroin involved. This instruction was interpreted rather broadly.. (shrink)

It is easy to construct pairs of sentences X, Y that lead many people to ascribe higher probability to the conjunction X-and-Y than to the conjuncts X, Y. Whether an error is thereby committed depends on reasoners’ interpretation of the expressions “probability” and “and.” We report two experiments designed to clarify the normative status of typical responses to conjunction problems. © 2004 Cognitive Science Society, Inc. All rights reserved.

Uncertainty is pervasive in ecology where the difficulties of dealing with sources of uncertainty are exacerbated by variation in the system itself. Attempts at classifying uncertainty in ecology have, for the most part, focused exclusively on epistemic uncertainty. In this paper we classify uncertainty into two main categories: epistemic uncertainty (uncertainty in determinate facts) and linguistic uncertainty (uncertainty in language). We provide a classification of sources of uncertainty under the two main categories and demonstrate how each impacts on applications in (...) ecology and conservation biology. In particular, we demonstrate the importance of recognizing the effect of linguistic uncertainty, in addition to epistemic uncertainty, in ecological applications. The significance to ecology and conservation biology of developing a clear understanding of the various types of uncertainty, how they arise and how they might best be dealt with is highlighted. Finally, we discuss the various general strategies for dealing with each type of uncertainty and offer suggestions for treating compounding uncertainty from a range of sources. (shrink)

There has been a long history of discussion on the usefulness of formal methods in legal settings.1 Some of the recent debate has focussed on foundational issues in statistics, in particular, how the reference-class problem affects legal decisions based on certain types of statistical evidence.2 Here we examine aspects of this debate, stressing why the reference-class problem presents serious difficulties for the kinds of statistical inferences under consideration and the relevance of this for the use of statistics in the courtroom. (...) We also consider the relevance of foundational statistical issues in the broader context of.. (shrink)

This article explores a long-running debate in evidence theory about the significance of certain puzzling cases where there is reluctance to ascribe liability despite a high probability of liability. It focuses on certain analyses of these puzzles, distinguishing between inferential, moral, and knowledge-based analyses. The article emphasizes the richness and complexity of the puzzle cases and suggests why they are difficult to resolve.