Statistics in the Law: A Practitioners Guide, Cases, and Materials

Hardcover | June 6, 2008

byJoseph B. Kadane

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The book will serve primarily as a user's manual or desk reference for the expert witness-lawyer team and secondarily as 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 is concerned with individual cases ranging over a wide variety of topics, such as electronic draw poker (does it require skill to play),employment discrimination (how to tell whether an employer discriminated against older workers in deciding whom to fire), driving while black (did the New Jersey State Police disproportionately stop blacks), jury representativeness (is a jury a representative cross section of the community), jurieshearing death penalty cases (are such juries biased toward a guilty verdict, and does the Supreme Court care), the civil incarceration of violent sexual offenders after having served their jail sentences (can future dangerousness be predicted), do data from multiple choice examinations support anallegation of copying, whether rental agents in an apartment complex steered African-American prospects to one part of the complex, how much tax is owed after an audit that used a random sample, whether an inventor falsified his notebook in an effort to fool the Patent Office, and whether ballotshad been tampered with in an election. The book concludes with two recent English cases, one 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 how Bayesian analyses can (or moreprecisely), 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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The book will serve primarily as a user's manual or desk reference for the expert witness-lawyer team and secondarily as 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 ...

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

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Format:HardcoverDimensions:472 pages, 6.1 × 9.29 × 1.1 inPublished:June 6, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195309235

ISBN - 13:9780195309232

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Table of Contents

Introduction: Deciding Whether to be an Expert Witness 6Part 1. What's it like to be an Expert Witness? 9IntroductionA: Pioneers1. Damned Liars and Expert Witnesses Paul Meier2. Statisticians, Econometricians, and Adversary Proceedings Franklin M. FisherB A Very Brief Introduction to U.S. Law, and to the Role of Expert WitnessesC Qualifications and Responsibilities of the Expert Witness 331. Epidemiologic Evidence in the Silicone Breast Implant Cases Michael O. Finkelstein and Bruce Levin2. Frye v. United States3. Daubert v. Merrell Dow Pharmaceuticals4. Kumho Tire Co. v. CarmichaelD Ethical Issues in Being an Expert Witness Joseph B. KadaneE Panitz v. BehrendPart 2. DiscriminationA: Discrimination in Employment1. A Statistical Analysis of Adverse Impact of Employment Decisions Joseph B. Kadane2. Hierarchical Models for Employment Decisions Joseph B. Kadane and George G. WoodworthB: Driving While Black1. State of New Jersey v. Soto2. Missing Data in the Forensic Context Joseph B. Kadane and Norma Terrin3. Counting Cars in a Legal Case Involving Differential Enforcement Norma Terrin and Joseph B. Kadane4. Selected Highlights of the Interim Report of the State Police Review Team Regarding Allegations of Racial ProfilingC: Racial Steering1. Alleged Racial Steering in an Apartment Complex Jason T. Connor and Joseph B. KadanePart 3: Jury DiscriminationIntroductionA: Jury Representativeness1. Jury Representativeness: A Mandate for Multiple Source Lists David Kairys, Joseph B. Kadane and John P. LehoczkyB: Juries in Death Penalty Cases1. Juries Hearing Death Penalty Cases: Statistical Analysis of a Legal Procedure Joseph B. Kadane2. Lockhart v. McCree3. Anatomy of a Jury Challenge Joseph B. Kadane4. Azania v. State of IndianaPart 4:. Other AdventuresOther Adventures as an Expert WitnessA: Electronic Draw Poker1. Does Electronic Draw Poker Require Skill to Play? Joseph B. Kadane2. Comment John Lehoczky3. Rejoinder Joseph B. Kadane4. Chance and Skill in Games: Electronic Draw Poker Marc J. Ware and Joseph B. KadaneB: Cheating on Examinations1. An Allegation of Examination Copying Joseph B. KadaneC: Tax Audits1. Statistical Sampling in Tax Audits Joseph C. Bright, Jr., Joseph B. Kadane and Daniel S. NaginD: Vote Tampering1. Vote Tampering in a District Justice Election in Beaver County, PA Ilaria DiMatteo and Joseph B. KadaneE: Civil Incarceration of Violent Sexual Offenders1. Expert Testimony Supporting Post-Sentence Civil Incarceration of Violent Sexual Offenders George C. Woodworth andJoseph B. Kadane 356F: Patent Misconduct1. Crossing Lines in a Patent Case Joseph B. KadanePart 5:. English LawIntroductionA: A Very Brief Introduction to English LawB: Criminal Convictions and Statistical Independence1. Reections on the Cot Death Cases Ray Hill2. R. v Sally Clark3. The People v. CollinsC: Presenting Bayesian Analysis to the Jury1. Appealing Statistics Peter Donnelly2. R. v Adams