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The nature of questions arising in court that can be addressed via probability and logic

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FOSW01 - The nature of questions arising in court that can be addressed via probability and statistical methods

At the admissibility stage, judges are faced with questions such as “can extrinsic evidence of the truth of a confession (or eye-witness identification) be taken into account when considering whether a confession (or identification) is “reliable”? 

The structure of these problems will be addressed using Bayesian logic along with the more difficult question over which the High Court of Australia recently divided in IMM v R [2016] HCA 14 namely whether when evidence has to reach a threshold of “heightened probative value” to be admitted, the judge should consider the credibility and reliability of the witness and the evidence or whether the judge should consider only the LR for the content of the evidence as evidence of the final probandum, assuming it to be true.

This talk is part of the Isaac Newton Institute Seminar Series series.

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