Are Jurors Intuitive Statisticians? Bayesian Causal Reasoning in Legal Contexts

Frontiers in Psychology 11 (2021)
  Copy   BIBTEX

Abstract

In criminal trials, evidence often involves a degree of uncertainty and decision-making includes moving from the initial presumption of innocence to inference about guilt based on that evidence. The jurors’ ability to combine evidence and make accurate intuitive probabilistic judgments underpins this process. Previous research has shown that errors in probabilistic reasoning can be explained by a misalignment of the evidence presented with the intuitive causal models that people construct. This has been explored in abstract and context-free situations. However, less is known about how people interpret evidence in context-rich situations such as legal cases. The present study examined participants’ intuitive probabilistic reasoning in legal contexts and assessed how people’s causal models underlie the process of belief updating in the light of new evidence. The study assessed whether participants update beliefs in line with Bayesian norms and if errors in belief updating can be explained by the causal structures underpinning the evidence integration process. The study was based on a recent case in England where a couple was accused of intentionally harming their baby but was eventually exonerated because the child’s symptoms were found to be caused by a rare blood disorder. Participants were presented with a range of evidence, one piece at a time, including physical evidence and reports from experts. Participants made probability judgments about the abuse and disorder as causes of the child’s symptoms. Subjective probability judgments were compared against Bayesian norms. The causal models constructed by participants were also elicited. Results showed that overall participants revised their beliefs appropriately in the right direction based on evidence. However, this revision was done without exact Bayesian computation and errors were observed in estimating the weight of evidence. Errors in probabilistic judgments were partly accounted for, by differences in the causal models representing the evidence. Our findings suggest that understanding causal models that guide people’s judgments may help shed light on errors made in evidence integration and potentially identify ways to address accuracy in judgment.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,590

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Is probabilistic evidence a source of knowledge?Ori Friedman & John Turri - 2015 - Cognitive Science 39 (5):1062-1080.
A Process Model of Causal Reasoning.Zachary J. Davis & Bob Rehder - 2020 - Cognitive Science 44 (5):e12839.
A Bayesian model of legal syllogistic reasoning.Axel Constant - 2024 - Artificial Intelligence and Law 32 (2):441-462.
Thinking about evidence.David Lagnado - 2011 - In Philip Dawid, William Twining & Mimi Vasilaki (eds.), Evidence, Inference and Enquiry. Oxford: Oup/British Academy. pp. 183-223.

Analytics

Added to PP
2021-02-06

Downloads
28 (#138,667)

6 months
21 (#723,368)

Historical graph of downloads
How can I increase my downloads?