2019
DOI: 10.1177/1365712719875753
|View full text |Cite
|
Sign up to set email alerts
|

Probability reasoning in judicial fact-finding

Abstract: We argue that the laws of probability promote coherent fact-finding and avoid potentially unjust logical contradictions. But we do not argue that a probabilistic Bayesian approach is sufficient or even necessary for good fact-finding. First, we explain the use of probability reasoning in Re D (A Child) [2014] EWHC 121 (Fam) and Re L (A Child) [2017] EWHC 3707 (Fam). Then we criticise the attack on this probabilistic reasoning found in Re A (Children) [2018] EWCA Civ 1718, which is the appeal decision on Re L. … Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1
1
1

Citation Types

0
4
0

Year Published

2021
2021
2023
2023

Publication Types

Select...
6
1
1

Relationship

0
8

Authors

Journals

citations
Cited by 8 publications
(4 citation statements)
references
References 64 publications
0
4
0
Order By: Relevance
“…Some research in the law literature addressed a related issue. Hunt and Mostyn (2020) found that probabilistic reasoning is valid and useful in factfinding. However, other studies suggested that the court actions or sentencings (i.e., final actions) are determined in a manner that is inconsistent with probabilities of the relevant events (Lindley, 1991;Meier, 2014).…”
Section: Experimental Results: Specific State Judgmentsmentioning
confidence: 99%
See 1 more Smart Citation
“…Some research in the law literature addressed a related issue. Hunt and Mostyn (2020) found that probabilistic reasoning is valid and useful in factfinding. However, other studies suggested that the court actions or sentencings (i.e., final actions) are determined in a manner that is inconsistent with probabilities of the relevant events (Lindley, 1991;Meier, 2014).…”
Section: Experimental Results: Specific State Judgmentsmentioning
confidence: 99%
“…There has been little research in accounting/auditing literature dealing with how auditors' probability judgment bias affects the accuracy of their state judgments. Some studies in the law literature (e.g., Hunt & Mostyn, 2020;Meier, 2014) investigated how the probability judgments of events affect court sentencings (i.e., state judgments). Drawing on this literature, our study examines the accuracy rate of state judgments by experts making collective judgments.…”
Section: Specific Research Issuesmentioning
confidence: 99%
“…Thus, based on the research of certain scientists (Hunt and Mostyn, 2020;Marques Martins, 2020;Tuzet, 2020), one can conclude that generic (general) signs of legal facts, as the grounds for the emergence of the social security legal relations include:…”
Section: Literature Reviewmentioning
confidence: 99%
“…I call this 'subjectivity-as-unfounded-belief'. As said, most Bayesians presume that the relevant probabilities are degrees of belief (e.g., Kaplan, 1967;Cullison, 1969;Finkelstein & Fairley, 1970;Robertson & Vignaux, 1993;Bird, 2017;Schweizer, 2019;Hunt & Mostyn, 2020). This is subjectivity-as-belief.…”
Section: The Worries Of Subjective and Evidential Probabilitymentioning
confidence: 99%