Risks of Incorrect Use of Probabilities in Court and What to Do about Them

Anne Ruth Mackor

doi:10.4324/9781003276029-7

Risks of Incorrect Use of Probabilities in Court and What to Do about Them

Anne Ruth Mackor

Transboundary Legal Studies

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review

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Abstract

Probabilities play an important role in the proof of facts in trials. However, judges are not trained in probabilistic reasoning, which leads to errors. The author argues that more education in probability theory is not enough and a more radical solution might be needed, such as the introduction of “probability-judges” in evidentially complex cases. Such a solution would not conflict with the rule of law, the fundamental right to a fair trial, nor would it open the floodgates to other expert judges and mixed chambers.

Original language	English
Title of host publication	Risk and Responsibility in Context
Editors	Adriana Placani, Stearns Broadhead
Place of Publication	New York and London
Publisher	Routledge
Chapter	5
Pages	94-108
Number of pages	15
ISBN (Electronic)	978-1-003-27602-9
ISBN (Print)	978-1-032-23159-4
DOIs	https://doi.org/10.4324/9781003276029-7
Publication status	Published - 2024

Publication series

Name	Routledge Studies in Ethics and Moral Theory

Keywords

risk
probability
judicial decision making

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10.4324/9781003276029-7Licence: CC BY-NC

Risks of Incorrect Use of Probabilities in Court and What to Do about ThemFinal publisher's version, 123 KBLicence: CC BY-NC

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3 Chapter

Probability clerks and probability judges: Or how to prevent probabilistic fallacies in court
Mackor, A. R., Apr-2024, Legal Argumentation: Reasoned dissensus and commnon ground . Feteris , E., Kloosterhuis, H., Plug, H. J. & Smith, C. (eds.). The Hague : Boom, p. 111-120 10 p.
Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review
De kansendeskundige als lekenrechter: Artikel 116 Grondwet
Translated title of the contribution: The probability expert as a lay judge: Article 116 of the Dutch ConstitutionMackor, A. R. & Schutgens, R., 2022, Een nieuw commentaar op de grondwet . Rijpkema, B. & Ellian, A. (eds.). Boom Uitgevers Amsterdam, p. 451-466 17 p.
Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review
Juridische beroepsethiek: Over macht en moraal,soft law en soft skills, T-vormige juristen en kansen-rechters
Mackor, A.-R., Jul-2020, De toekomst van de jurist, de jurist van de toekomst. Berlee, A., Bovens, M. A. P., Silvis, J. & Tjong Tjin Tai, T. F. E. (eds.). 1 ed. Deventer: Wolters Kluwer, p. 75-107 33 p. (Handelingen Nederlandse Juristen-Vereniging; vol. 150).
Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic

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Risks of Incorrect Use of Probabilities in Court and What to Do about Them
Mackor, A. R. (Keynote speaker)
30-Nov-2023
Activity: Talk and presentation › Academic presentation › Academic

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Cite this

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Risks of Incorrect Use of Probabilities in Court and What to Do about Them. / Mackor, Anne Ruth.
Risk and Responsibility in Context. ed. / Adriana Placani; Stearns Broadhead. New York and London: Routledge, 2024. p. 94-108 (Routledge Studies in Ethics and Moral Theory).

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review

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Risks of Incorrect Use of Probabilities in Court and What to Do about Them

Abstract

Publication series

Keywords

Access to Document

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Research output

Probability clerks and probability judges: Or how to prevent probabilistic fallacies in court

De kansendeskundige als lekenrechter: Artikel 116 Grondwet

Juridische beroepsethiek: Over macht en moraal,soft law en soft skills, T-vormige juristen en kansen-rechters

Activities

Risks of Incorrect Use of Probabilities in Court and What to Do about Them

Cite this