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Juror understanding of random match probabilities (Dale Nance, Case Western Reserve University)

Many of the debates that rage concerning expert testimony in general, and DNA evidence in particular, proceed from beliefs about how jurors react to such evidence. Some lawyers and commentators have great confidence in juries; others express great skepticism. In fact, the law of evidence is pervaded by numerous, often conflicting assumptions about jury competence. Nowhere is this ambivalence more conspicuous than when scientific evidence is quantified. On the one hand, it is generally accepted that jurors are capable of handling evidence that can be so quantified. On the other hand, there is considerable skepticism about jurors’ ability to handle the quantification itself. It is useful, therefore, to examine what we know about jury behavior in regard to quantifiable scientific evidence.

Materials

Presentation

Nance D. Juror Understanding of Random Match Probabilities. 2007.