NCJ Number
45846
Journal
AMERICAN STATISTICIAN Volume: 30 Issue: 1 Dated: (FEBRUARY 1976) Pages: 2-5
Date Published
1976
Length
4 pages
Annotation
THE FUNCTION, RESPONSIBILITY, AND ROLE OF THE STATISTICIAN IN GIVING EXPERT TESTIMONY ARE OUTLINED.
Abstract
STATISTICIANS ARE GAINING IMPORTANCE AS CONSULTANTS TO THE JUDICIAL PROCESS. THEIR ROLE AND RESPONSIBILITIES ARE ANALYZED THROUGH SELECTED CRIMINAL AND CIVIL CASES WHICH UTILIZE STATISTICAL TECHNIQUES AS AN ILLUSTRATIVE REFERENCE. WHEN STATISTICIANS ENVISION SERVING THE COURT AS A CONSULTANT TO THE LEGAL PROCESS, THEY SHOULD CONSIDER THEIR PURPOSE IN THE CASE, RESPONSIBILITIES TO THE COURT, RELATED EXPERIENCES, AND ETHICAL CONSIDERATIONS. THE FUNCTION OF THE STATISTICIAN IS TO ENABLE THE COURT TO REACH CONCLUSIONS FROM DATA WHICH ARE IMPOSSIBLE FOR THE LAYPERSON TO INTERPRET WITH SOME DEGREE OF CERTAINTY. ONCE ESTABLISHED AS A SKILLED AND QUALIFIED PROFESSIONAL OF A GIVEN COURT, THE STATISTICIAN CAN THEN BEGIN TO PREPARE TESTIMONY. THE STATISTICIAN SHOULD BE AWARE OF THE SPECIFIC AREAS IN WHICH EXPERTISE WILL BE REQUIRED. STATISTICIANS SHOULD NOT BE SURPRISED THAT THE ATTORNEYS WHO CROSS-EXAMINE THEM WILL BE WELL VERSED IN STATISTICAL TERMINOLOGY AND WILL TRY TO PICK AWAY AT THEIR TESTIMONY. IN ADDITION TO THE ACTUAL TESTIFYING, THEY MAY BE CALLED UPON TO PROVIDE OTHER EXPERT ASSISTANCE, SUCH AS: (1) LISTENING TO THE CROSS-EXAMINATION, (2) STUDYING THE DEPOSITION OF AN OPPOSING EXPERT, (3) ASSISTING THE EXAMINER IN PREPARING QUESTIONS FOR THE OPPOSING EXPERT, (4) PREPARING REPORTS EXPLAINING SAMPLING AND OTHER STATISTICAL ISSUES, (5) ANALYZING RELATED DATA FROM AN INDEPENDENT SOURCE, AND (6) GIVING THE EXAMINER POSITIVE RECOMMENDATIONS AND DECISIONS ON THE ADEQUACY OF THE SAMPLING PLAN AND THE VALIDITY OF THE DATA. THE STATISTICIAN SHOULD REMAIN COMPLETELY NEUTRAL. A LIST OF REFERENCES IS INCLUDED. (AUTHOR ABSTRACT MODIFIED--AJJ)