Friday, October 21, 2011

UK Court - Bayes’ Theorem Shouldn’t Again Be Used Unless The Underlying Statistics Are “Firm”

Historical plus mathematical ignorance leading to cognitive dissonance - via here:

It begins with a convicted killer, "T", who took his case to the court of appeal in 2010. Among the evidence against him was a shoeprint from a pair of Nike trainers, which seemed to match a pair found at his home. While appeals often unmask shaky evidence, this was different. This time, a mathematical formula was thrown out of court. The footwear expert made what the judge believed were poor calculations about the likelihood of the match, compounded by a bad explanation of how he reached his opinion. The conviction was quashed.

But more importantly, as far as mathematicians are concerned, the judge also ruled against using similar statistical analysis in the courts in future. It's not the first time that judges have shown hostility to using formulae. But the real worry, say forensic experts, is that the ruling could lead to miscarriages of justice.

"The impact will be quite shattering," says Professor Norman Fenton, a mathematician at Queen Mary, University of London. In the last four years he has been an expert witness in six cases, including the 2007 trial of Levi Bellfield for the murders of Marsha McDonnell and Amelie Delagrange. He claims that the decision in the shoeprint case threatens to damage trials now coming to court because experts like him can no longer use the maths they need.

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