MODEL OF RULES AND THE LOGIC OF DECISION (FROM MODELING THE CRIMINAL JUSTICE SYSTEM, 1977 BY S S NAGEL-SEE NCJ-43252)

• NCJ Number: 43266
• Author(s): A D CULLISON
• Date Published: 1977
• Length: 22 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE MODEL OF RULES IS SUBJECTED TO MATHEMATICAL ANALYSIS TO SPOT POSSIBLE WEAKNESSES IN THE COMMUNICATION OF FACTS TO JUDGES AND JURIES AND POSSIBLE DIFFERENCES IN INTERPRETATION.

Abstract

A MATHEMATICAL DESCRIPTION OF THE MODEL OF RULES, UNDER WHICH COURT CASES ARE CONDUCTED, REVEALS THAT IN THEORY EACH FACT LOGICALLY SUPPORTS A CONCLUSION AND THAT IF ALL THE FACTS WERE LOGICALLY LAID OUT, THE SAME CONCLUSION WOULD BE REACHED BY TWO INDEPENDENT OBSERVERS. THIS IS NOT THE WAY TRIALS ARE CONDUCTED, HOWEVER. A SERIES OF MATHEMATICAL ANALYSES IS PRESENTED SHOWING VARIOUS POINTS AT WHICH BREAKDOWN IN COMMUNICATION CAN OCCUR AND VARIOUS SETS OF PROBABILITIES WHICH WILL LEAD TO DIFFERENT JURY VERDICTS IF THE JURY IS FOLLOWING INSTRUCTIONS. MATHEMATICAL FORMULAS ARE USED TO DISCUSS THE THRESHOLD OF PROBABILITY WHICH MUST BE REACHED BEFORE THE EVIDENCE LEADS TO A DECISION IN FAVOR OF ONE SIDE OR ANOTHER. REFERENCES ARE PROVIDED.