NCJ Number
128758
Editor(s)
S E Fienberg
Date Published
1989
Length
340 pages
Annotation
This study addresses 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.
Abstract
Six case studies -- three involving employment discrimination, one an environmental matter, one antitrust damages, and one identification evidence in a criminal proceeding -- illustrate what happens when statistical assessments are introduced as evidence and the courts' reactions to such evidence. Indepth reviews of the use of statistics address three litigation areas: antitrust, employment discrimination, and environmental issues. Each review discusses several landmark cases and the commentaries on them, indicates the statistical techniques used, notes how and by whom they are introduced into evidence, and provides references for the reader to other reviews and relevant commentary. This is followed by a more general treatment of the issues, setting them in the context of the differences between and commonalities in legal and statistical thinking. Recommendations regarding possible solutions to the problems posed by statistical assessments for the legal system address the role of the expert witness, statistics and pretrial discovery, provision of statistical resources, the role of court-appointed experts, enhanced capability of the fact finder, statistical education, and implications for statistical studies to assist the courts. 135 references