SOME USES AND LIMITS OF STATISTICS AND SOCIAL SCIENCES IN THE JUDICIAL PROCESS (FROM PSYCHOLOGY AND DISCRETIONARY LAW, 1979, BY LAWRENCE EDWIN ABT AND IRVING R STUART - SEE NCJ-60144)

• NCJ Number: 60145
• Author(s): W D LOH
• Date Published: 1979
• Length: 25 pages
• Corporate Author: Van Nostrand Reinhold
• Publication Format: Document
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

AN ANALYTICAL OVERVIEW IS PRESENTED OF SOME OF THE USES AND LIMITS OF STATISTICAL AND SOCIAL SCIENCE IN SUPPORTING LEGAL CONCLUSIONS.

Abstract

ONE OF THE WAYS IN WHICH STATISTICS CAN BE USED IN JUDICIAL ADJUDICATION INVOLVES THE APPLICATION OF A RULE OF LAW OF UNDISPUTED CONTENT TO DISPUTED FACTS. THE EXTENT OF MARKET SHARE, AS MEASURED BY STATISTICS, IN AN ANTITRUST SUIT DEMONSTRATES SUCH AN APPLICATION. A SECOND USE OF STATISTICS IN JUDICIAL DECISIONS IS IN CASES WHEN THE LAW AND THE FACTS ARE IN DISPUTE. JURY DISCRIMINATION CASES ARE AN EXAMPLE. IN SUCH AN INSTANCE, A COURT MUST NOT ONLY RESOLVE CONFLICTING FACT CLAIMS, BUT MUST ALSO CHOOSE AMONG ALTERNATE RULES OR FORMULATE A NEW RULE (WHEN THE LAW IN THAT AREA IS UNSETTLED) TO APPLY TO THE PROVEN FACTS. WHILE DEFINITIVE STANDARDS FOR THE USE OF STATISTICS IN THESE TYPES OF COURT CASES DO NOT EXIST, THE FOLLOWING CONCLUSIONS EMERGE FROM CASE STUDIES: (1) STATISTICS ARE MORE ACCEPTABLE FOR RULEMAKING THAN FOR ESTABLISHING FACTS; (2) STATISTICS ARE NOT LIKELY TO BE ACCEPTED IN ESTABLISHING PROOF OF IDENTITY; (3) THE USE OF PROBBABILITY STATISTICS TO RAISE AN IMPLICATION ABOUT AN ELEMENT OF A CRIME IS LIKELY TO BE ACCEPTED BY THE COURT; (4) COURTS ARE MORE HESITANT ABOUT INTRODUCING STATISTICS BEFORE LAY FACTFINDERS THAN BEFORE AN APPELLATE COURT OR A LEGISLATURE; AND (5) IF COSTS TO A DEFENDANT ARE HIGH UPON CONVICTION IN A CASE, THE COURT IS LIKELY TO RULE STATISTICAL PROOFS IMPROPER. FACTS DERIVED FROM THE SOCIAL SCIENCES CAN ALSO BE USED IN THE AREAS OF COUNSEL'S BRIEF ON APPEAL, EXPERT TRIAL TESTIMONY, AND JUDICIAL NOTICE. STRATEGIES OF RAPPROCHEMENT BETWEEN LAW AND SOCIAL SCIENCE INCLUDE A 'COLLATING STRATEGY' WHEREBY ONE-TO-ONE SYSTEMATIC CONNECTIONS BETWEEN SOCIAL SCIENCE FINDINGS AND LEGAL PROBLEMS ARE ATTEMPTED, 'DE NOVO RESEARCH,' WHICH INVOLVES NEW RESEARCH TO ADDRESS THE FACTUAL ISSUES OF A SPECIFIC LEGAL PROBLEM, AND THE ACCUMULATION OF BASIC SOCIAL SCIENCE KNOWLEDGE THAT WILL EVENTUALLY ENTER POPULAR CULTURE AND JUDICIAL OPINIONS. REFERENCES ARE PROVIDED. (RCB)