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Science and the Public

With Liberty And Bayes's Theorem For All

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#1 of 23

     Posted Nov-4 2:24 PM   
Emory Kimbrough
 
From  Emory Kimbrough  Posts 2005  Last Nov-20
To  All      [Msg # 129405.1 ]    
Is bad math leading to bad justice?  Have a look at this article, and the 5-question test that you can try before reading it:

http://www.newscientist.com/article/mg20427311.500-probably-guilty-bad-mathematics-means-rough-justice.html?full=true

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#2 of 23

     Posted Nov-4 3:02 PM   
Frank E. Reed
 
From  Frank E. Reed  Posts 604  Last Nov-20
To  Emory Kimbrough      [Msg # 129405.2 Message 129405.2 replying to 129405.1 129405.1 ]    

It's "My Cousin Vinny" all over again. What's the probability that two pairs of youths could show up at the 'Sack o Suds' at the same time both driving metallic mint green 1964 Buick Skylark convertibles with Michelin model XGV-75R tires? And as we all know, totally violating the laws of probability, Marisa Tomei got an Oscar for it, but she didn't really deserve it. Ah, pop culture...

Back to reality. From the article:
"Take the dependent evidence fallacy, which was central to one of the most notorious recent miscarriages of justice in the UK. In November 1999, Sally Clark was convicted of smothering her two children as they slept. A paediatrician, Roy Meadow, testified that the odds of both dying naturally by sudden infant death syndrome (SIDS), or cot death, were 1 in 73 million. He arrived at this figure by multiplying the individual probability of SIDS in a family such as Clark's - 1 in 8500 - by itself, as if the two deaths were independent events.

But why should they be? "There may well be unknown genetic or environmental factors that predispose families to SIDS, so that a second case within the family becomes much more likely," the Royal Statistical Society explained during an appeal.

"Even three eminent judges didn't pick up on the mistake," says Ray Hill of the University of Salford, who worked for the defence team. He estimated that if one sibling dies of SIDS, the chance of another dying is as high as 1 in 60. Bayesian reasoning then produces a probability of a double cot death of around 1 in 130,000. With hundreds of thousands of children born each year in the UK, there's bound to be a double cot death every now and then.

Clark was eventually freed on appeal in 2003. "

That's really astounding. Astounding that the poor calculation wasn't detected earlier. Or was it? Were there people who called out this error at the time?

-FER

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#3 of 23

     Posted Nov-4 6:21 PM   
bbbeard755113176
 
From  bbbeard755113176  Posts 118  Last Nov-19
To  Emory Kimbrough      [Msg # 129405.3 Message 129405.3 replying to 129405.1 129405.1 ]    
Okay, I got to this part and pulled up short:

Mathematics might seem a logical fit for the courts, then. Judges and juries, though, all too often rely on gut feeling. A startling example was the rape trial in 1996 of a British man, Dennis John Adams. Adams hadn't been identified in a line-up and his girlfriend had provided an alibi. But his DNA was a 1 in 200 million match to semen from the crime scene - evidence seemingly so damning that any jury would be likely to convict him.

But what did that figure actually mean? Not, as courts and the press often assume, that there was only a 1 in 200 million chance that the semen belonged to someone other than Adams, making his innocence implausible.

It actually means there is a 1 in 200 million chance that the DNA of any random member of the public will match that found at the crime scene (see "The prosecutor's fallacy"). The difference is subtle, but significant. In a population, say, of 10,000 men who could have committed the crime, there would be a 10,000 in 200 million, or 1 in 20,000, chance that someone else is a match too. That still doesn't look good for Adams, but it's not nearly as damning.

WTF? I'm not quite sure I agree with this characterization, though it just goes to show how slippery Bayesians are. What the author is saying is that GIVEN that Adams has already been apprehended and is a match, in any randomly selected sample of 10,000 people (the author writes "men"), there is a 1 in 20,000 chance that someone will also be a match. [Why not go whole hog and say that since there are 6 billion humans alive, give or take, then there are approximately 30 people walking around whose DNA matches the DNA at the crime scene? This means that the probability it came from Adams is only 1 in 30!] It makes me wonder what the significance of "10,000" is. There are something like 2 million Americans in jail at any given time, and presumably a greater number of ex-cons.

I would have said that in a randomly selected sample of 10,000 usual suspects, there is a 1 in 20,000 chance that someone will have a DNA match, so it's rather miraculous that the cops apprehended Adams. But the probability that there are two people in that sample of 10,000 with the same DNA as that found at the crime scene is about 1.25E-9, or one in 800,000,000, give or take. I would have said that is the more relevant number, not "1 in 20,0000". After all, the author set up the problem by writing about "a population, say, of 10,000 men who could have committed the crime". Apart from any ambuity about what "could have" means in that context, presumably the suspect himself is in the category of "could haves".

Returning to the gender issue, I think it likely that the "1 in 200 million" match included accounting for the Y chromosome. Just checking to see if the DNA is male or female cuts the suspect population in half. So, if "1 in 200 million" PEOPLE match the DNA profile, it seems that we could also presume "1 in 100 million" MEN match the profile. The author is cavalier about this point.

FWIW I bungled the test, one question hinging on whether "1 in 100" deserves a separate multiple-choice answer relative to "1 in 101". (FWIW the correct calculation of the probability of having exactly one match in 10,000 people of a 1 in 200,000,000 test is "1 in 20,001", not "1 in 20,000"). Also, I hate expressing probabilities as "odds", and the ambiguity about whether odds go up or down when probabilities increase did me in. Whatever.

BBB



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#4 of 23

     Posted Nov-5 12:34 AM   
JamesSFreeman
 
From  JamesSFreeman  Posts 1960  Last 6:32 AM
To  bbbeard755113176      [Msg # 129405.4 Message 129405.4 replying to 129405.3 129405.3 ]    (Unread)

The probability that randomly selected judges and juries will understand probability is ... wellllll ... it's vanishingly small.

James Freeman
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#5 of 23

     Posted Nov-5 11:19 PM   
dave
 
From  dave  Posts 94  Last 6:12 AM
To  JamesSFreeman      [Msg # 129405.5 Message 129405.5 replying to 129405.4 129405.4 ]    
The probability that randomly selected judges and juries will understand probability is ... wellllll ... it's vanishingly small.<<

Except...it's worse than that. Juries aren't randomly selected. One side or other will look to exclude jurors who could understand the science/math.They'd exclude you or Bernard or even me, because it's in their interest to be able to flim-flam the jury.
"Any fool can appreciate California. To appreciate Kansas requires subtlety and character and
attention.
" --Wes Jackson
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#6 of 23

     Posted Nov-6 8:19 AM   
Francis X. Neumann, Jr.
 
From  Francis X. Neumann, Jr.  Posts 4035  Last Nov-19
To  dave      [Msg # 129405.6 Message 129405.6 replying to 129405.5 129405.5 ]    
>>One side or other will look to exclude jurors who could understand the science/math.<<

Remember, it's to be a jury of one's peers.

Frank
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#7 of 23

     Posted Nov-6 5:39 PM   
JamesSFreeman
 
From  JamesSFreeman  Posts 1960  Last 6:32 AM
To  Francis X. Neumann, Jr.      [Msg # 129405.7 Message 129405.7 replying to 129405.6 129405.6 ]    (Unread)

//>>One side or other will look to exclude jurors who could understand the science/math.<<
Remember, it's to be a jury of one's peers.//

I've been called to jury duty five times - excused all times.

Three of the times, there were a half-dozen or so of us who were just excused without any questions (voir dour) - based only upon the questionaires we had filled out. We talked as we left the court house. We all had post-graduate degrees in math, engineering or the physical sciences.

Hmmmmmmm.....

James Freeman
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#8 of 23

     Posted Nov-6 6:21 PM   
dave
 
From  dave  Posts 94  Last 6:12 AM
To  Francis X. Neumann, Jr.      [Msg # 129405.8 Message 129405.8 replying to 129405.6 129405.6 ]    

Remember, it's to be a jury of one's peers<<

Yeah, but what does that mean? I certainly don't have a right to a white, middle-aged jury of mailmen with degrees in philosophy. Or one drawn from any of those groups.
"Any fool can appreciate California. To appreciate Kansas requires subtlety and character and
attention.
" --Wes Jackson
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#9 of 23

     Posted Nov-6 7:25 PM   
Francis X. Neumann, Jr.
 
From  Francis X. Neumann, Jr.  Posts 4035  Last Nov-19
To  dave      [Msg # 129405.9 Message 129405.9 replying to 129405.8 129405.8 ]    
>>Yeah, but what does that mean?<<

Black's
says "Equals: those who are a man's equals in rank and station."

But what of me?  How am I to be tried?  I consider myself to be peerless, sin egal, nonpareil.

Am I not then guaranteed a fair and speedy trial?

Frank

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#10 of 23

     Posted Nov-6 7:53 PM   
dave
 
From  dave  Posts 94  Last 6:12 AM
To  Francis X. Neumann, Jr.      [Msg # 129405.10 Message 129405.10 replying to 129405.9 129405.9 ]    
But what of me?  How am I to be tried?  I consider myself to be peerless, sin egal, nonpareil.<<

My position exactly

>>Am I not then guaranteed a fair and speedy trial?<<

I submit that neither of us are subject to their laws.
"Any fool can appreciate California. To appreciate Kansas requires subtlety and character and
attention.
" --Wes Jackson
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#11 of 23

     Posted Nov-7 10:47 AM   
TFarr18392
 
From  TFarr18392  Posts 1314  Last Nov-20
To  Emory Kimbrough      [Msg # 129405.11 Message 129405.11 replying to 129405.1 129405.1 ]    

<< Is bad math leading to bad justice?  Have a look at this article, and the 5-question test that you can try before reading it: >>

Well bad math led to a bad article! 

On the case of the two siblings who died, perhaps of cot (or crib) death, the article is certainly correct that the incidents may not be statistically independent.  The possibility of positive correlation is certainly viable.  In the quiz question though, they ignore the possibility of anti-correlation, which is also certainly a possibility.  Perhaps after one death the parents are alerted to look for the possibility in the other child.  (In the article they quote a probability of two siblings both suffering cot death--a number I suspect, though the article doesn't go into details.  But that number is not even given in the quiz.)  So the quiz author jumps to the conclusion that the probability of two related children dieing of cot death is greater than the odds computed assuming independence.  The simple truth is, in the quiz, there is not enough information to decide.

Incidentally, what are the odds of two siblings dieing the same night from cot death?  That's the relevant number, in my opinion, if that is what happened in the case they cite.

As for the Baysian arguments, I'm not convinced the author understands what Baysian probability is, or how to apply it here.  Bernard made the point that her prose is confusing.  I contend, in most cases, the exact odds one comes out with are also irrelevant for a jury.  Look at her last example:

"Say you are a juror at an assault trial, and so far you are 60 per cent convinced the defendant is innocent"

What the heck does that mean?  Her example starts with some sort of gut feeling.  It's not much use to apply rigorous statistics at that point!

Finally, at what probability is a juror allowed to presume guilt in a criminal case, in the American/British courts?  It's deliberately not cited as a number.  What "Beyond reasonable doubt" is, is left for each juror to decide for themselves.  Similarly for civil cases ("preponderance of the evidence).  (I was an engineer picked to be on three juries in Los Angeles, and that point was made very clear in the jury briefing in each of them.)

Tom

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#12 of 23

     Posted Nov-7 10:59 AM   
TFarr18392
 
From  TFarr18392  Posts 1314  Last Nov-20
To  dave      [Msg # 129405.12 Message 129405.12 replying to 129405.5 129405.5 ]    

<< Except...it's worse than that. Juries aren't randomly selected. One side or other will look to exclude jurors who could understand the science/math.They'd exclude you or Bernard or even me, because it's in their interest to be able to flim-flam the jury. >>

Not always true.  I have a PhD in electrical engineering, and, when I lived in LA, was called about every other year for jury duty.  My record:  Served on one civil case, one criminal case, and was alternate on another civil case. 

In a case where a cop was accused of beating a piece of scum who probably deserved it, I was not selected, possibly because my grandfather was a police officer (slightly corrupt--though nothing unusual for the standards of the day, and I didn't say so on the questionair), or possibly because I filled out the questionair with the same attitude that I began this paragraph.

Tom

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#13 of 23

     Posted Nov-7 11:02 AM   
TFarr18392
 
From  TFarr18392  Posts 1314  Last Nov-20
To  dave      [Msg # 129405.13 Message 129405.13 replying to 129405.8 129405.8 ]    

<< Remember, it's to be a jury of one's peers<<

Yeah, but what does that mean? I certainly don't have a right to a white, middle-aged jury of mailmen with degrees in philosophy. Or one drawn from any of those groups. >>

On any case I'm likely to be hauled in for, I would feel quite comfortable facing a jury of drunken Irish bumpkins.  The system was set up for people like me!

Tom

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#14 of 23

     Posted Nov-8 1:51 AM   
dave
 
From  dave  Posts 94  Last 6:12 AM
To  TFarr18392      [Msg # 129405.14 Message 129405.14 replying to 129405.12 129405.12 ]    
Not always true.  I have a PhD in electrical engineering, and, when I lived in LA, was called about every other year for jury duty.  My record:  Served on one civil case, one criminal case, and was alternate on another civil case. <<

No, it isn't always true.

It isn't even always true in cases where there is scientific/mathematical evidence that the average plumber might not grasp

But it is certainly common, if one sides position  is enhanced by being able to flim-flam jurors about science/statistics, to strike jurors perceived as less susceptible to said flim-flamming.
"Any fool can appreciate California. To appreciate Kansas requires subtlety and character and
attention.
" --Wes Jackson
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#15 of 23

     Posted Nov-8 10:53 AM   
Robert Nicholson
 
From  Robert Nicholson  Posts 59  Last Nov-19
To  dave      [Msg # 129405.15 Message 129405.15 replying to 129405.14 129405.14 ]    

It isn't even always true in cases where there is scientific/mathematical evidence that the average plumber might not grasp

The good thing about a carefully deliberative jury of laymen is that a group dynamic is established and correct conclusions can be reached that rival those of a single expert.  You may be familiar with the exercise that is trotted out in various management seminars.  Individuals are asked to answer questions regarding a scenario in which they have no expertise.  As individuals, they fail miserably.  Working in groups to answer the questions, they score as high as an expert would in the situation presented.  Quite often, the scenario involves actions to be taken in a survival situation, for example a downed aircraft in the wilds of Labrador.

RN

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#16 of 23

     Posted Nov-8 12:59 PM   
TFarr18392
 
From  TFarr18392  Posts 1314  Last Nov-20
To  Robert Nicholson      [Msg # 129405.16 Message 129405.16 replying to 129405.15 129405.15 ]    (Unread)

<< The good thing about a carefully deliberative jury of laymen is that a group dynamic is established and correct conclusions can be reached that rival those of a single expert.  You may be familiar with the exercise that is trotted out in various management seminars.  Individuals are asked to answer questions regarding a scenario in which they have no expertise.  As individuals, they fail miserably.  Working in groups to answer the questions, they score as high as an expert would in the situation presented.  Quite often, the scenario involves actions to be taken in a survival situation, for example a downed aircraft in the wilds of Labrador. >>

I believe that's the very scenario I remember from Air Force Squadron Officers' School some twenty years ago.

And, yes, I saw similar expertise exhibited in the juries I was on.

Tom

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#17 of 23

     Posted Nov-8 1:01 PM   
TFarr18392
 
From  TFarr18392  Posts 1314  Last Nov-20
To  All      [Msg # 129405.17 Message 129405.17 replying to 129405.16 129405.16 ]    
<< Quite often, the scenario involves actions to be taken in a survival situation, for example a downed aircraft in the wilds of Labrador. >>

<< I believe that's the very scenario I remember from Air Force Squadron Officers' School some twenty years ago. >>

I also seem to remember the key to the exercise is to abandon the liquor.

Tom

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#18 of 23

     Posted Nov-8 1:40 PM   
Francis X. Neumann, Jr.
 
From  Francis X. Neumann, Jr.  Posts 4035  Last Nov-19
To  Robert Nicholson      [Msg # 129405.18 Message 129405.18 replying to 129405.15 129405.15 ]    (Unread)

"The Wisdom of Crowds"

 

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#19 of 23

     Posted Nov-8 4:43 PM   
Francis X. Neumann, Jr.
 
From  Francis X. Neumann, Jr.  Posts 4035  Last Nov-19
To  All      [Msg # 129405.19 Message 129405.19 replying to 129405.18 129405.18 ]    

"When Santa Cruz officials wanted to get public input on how to deal with their budget crunch, they turned to a Web application named UserVoice. They set up the site in eight days on no budget. The technology lets the public submit ideas and then vote on others’ suggestions. People can add comments to further refine ideas. The technology also shows users whether someone else has already posted a similar idea."

See: http://fcw.com/articles/2009/10/26/tech-crowdsourcing.aspx'

Frank

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#20 of 23

     Posted Nov-8 5:24 PM   
dave
 
From  dave  Posts 94  Last 6:12 AM
To  TFarr18392      [Msg # 129405.20 Message 129405.20 replying to 129405.16 129405.16 ]    
And, yes, I saw similar expertise exhibited in the juries I was on.<<

The lone jury I was one exhibited no such wisdom. They gravitated toward the view of the forewoman, that there needed to be some specific evidence that proved guilt beyond a reasonable doubt, and that an accumulation of less convincing evidence  could not reach the threshold. On top of which, the defense managed to fliom-flam us all as to what was wrong with the breathalyzer exam (the prosecutor cornered us wanting to know where he'd gone wrong, and at that point he made clear that the "problem" with the exam was that the officer had said "I'm going to turn the machine on now" after they had turned the machine on. Not something that affected the realiabillity of the test  at all, it only went to admissability, which was decided by the judge.) Also, the officer giving the test testified that she had no idea how the machine worked. (And she didn't need to-it's not something they teach them. But the jurors uniformly-myself included- were disimpressed)

Besides the BAC reading of .18, there was the testimony of the arresting officer about swerving, straddling lanes, staggering, reeking of alcohol, appearing wasted. And the admission of the defendant that he hasd, in fact, been drinking all day long. (But he was swerving because his brakes were catching on one side, he looked wasted and staggered because it was 2 am and he was tired, etc.. ) But, because the other jurors (and I finally relented for other reasons) thought that his excuses were , individually, plausible if unlikely, reasonable doubt was reached.

They even brought in a chemistry prof. to explain gas chromatography. They really wanted this guy, and he had just graduated from law schoopl and wouldn't plead guilty (since he couldn't get a law license with the conviction, and he'd run out of "second chances" via diversion programs, pleading to lesser charges etc..)

But nothing hinged on understanding some scientific testimony, and there was no need to strike jurors who understood DNA science or something. The testimony about the workings  of the breathalyzer was unnecessary, since we all accepted their accuracy.

I've always felt bad about caving in.
"Any fool can appreciate California. To appreciate Kansas requires subtlety and character and
attention.
" --Wes Jackson
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