Trial by Numbers
Helm, RK; Hans, VP; Reyna, VF
Date: 20 November 2017
Journal
Cornell Journal of Law and Public Policy (JLPP)
Publisher
Cornell Law School
Abstract
Legal cases often require jurors to use numerical information. They
may need to evaluate the meaning of specific numbers, such as the
probability of match between a suspect and a DNA sample, or they may
need to arrive at a sound numerical judgment, such as a money damage
award. Thus, it is important to know how jurors understand ...
Legal cases often require jurors to use numerical information. They
may need to evaluate the meaning of specific numbers, such as the
probability of match between a suspect and a DNA sample, or they may
need to arrive at a sound numerical judgment, such as a money damage
award. Thus, it is important to know how jurors understand numerical
information, and what steps can be taken to increase juror comprehension
and appropriate application of numerical evidence. In this Article,
we examine two types of juror decisions involving numbers––decisions
in which jurors must convert numbers into meaning (such as by understanding
numerical evidence in order to determine guilt or liability), and
decisions in which jurors must convert meaning into numbers (such as by
understanding qualitative evidence and converting this into a numerical
damage award amount). In each of these areas we analyze legal cases
and research to examine areas in which dealing with numbers leads to
sound or sub-optimal decision making in jurors. We then examine psychological
theory and research on numerical decision making to understand
how informed, fair, and consistent juror decision making about
numbers can be promoted. We conclude that what is often most important
is juror understanding of the meaning of numbers in context rather
than technically precise numerical ability, supporting the role of the lay
jury. We also suggest how to improve juror understanding, so that jury
decisions better reflect considered community judgment.
Law School
Faculty of Humanities, Arts and Social Sciences
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