Statistical Evidence in the US Courts: An Appraisal
本文回顾了过去30年美国法院中统计证据从罕见变为常见的过程,并基于国家研究委员会的报告,就统计专家的专业自主性、法庭展示及法律与统计教育提出建议。
SUMMARY Over the past 30 years, a dramatic change has taken place with respect to the role of statistical evidence in American legal proceedings. From a situation in the early 1960s when statistical evidence was rarely allowed into evidence the US courts have moved to a position in which the use of statistical arguments and data is common and statistical experts often appear on opposing sides, presenting conflicting testimony. During the mid-1980s a panel appointed by the National Research Council reviewed the then recent use of statistics as evidence and, in a recently published report, the panel described the current status of statistical evidence, making recommendations that focus on three major areas: the maintenance of professional autonomy of statistical experts, the enhancement courtroom presentation of statistical evidence and implications for legal and statistical education.