This morning on Twitter there appeared a link to a blog post reporting that the Court of Appeal had rejected the use of Bayesian probability in legal cases. I recommend anyone interested in probability to read it, as it gives a fascinating insight into how poorly the concept is understood.

Although this is a new report about a new case, it’s actually not an entirely new conclusion. I blogged about a similar case a couple of years ago, in fact. The earlier story n concerned an erroneous argument given during a trial about the significance of a match found between a footprint found at a crime scene and footwear belonging to a suspect. The judge took exception to the fact that the figures being used were not known sufficiently accurately to make a reliable assessment, and thus decided that Bayes’ theorem shouldn’t be used in court unless the data involved in its application were “firm”.

If you read the Guardian article to which I’ve provided a link you will see that there’s a lot of reaction from the legal establishment and statisticians about this, focussing on the forensic use of probabilistic reasoning. This all reminds me of the tragedy of the Sally Clark case and what a disgrace it is that nothing has been done since then to improve the misrepresentation of statistical arguments in trials. Some of my Bayesian colleagues have expressed dismay at the judge’s opinion.

My reaction to this affair is more muted than you would probably expect. First thing to say is that this is really not an issue relating to the Bayesian versus frequentist debate at all. It’s about a straightforward application of Bayes’ theorem which, as its name suggests, is a *theorem*; actually it’s just a straightforward consequence of the sum and product laws of the calculus of probabilities. No-one, not even the most die-hard frequentist, would argue that Bayes’ theorem is false. What happened in this case is that an “expert” applied Bayes’ theorem to unreliable data and by so doing obtained misleading results. The issue is not Bayes’ theorem *per se*, but the application of it to inaccurate data. Garbage in, garbage out. There’s no place for garbage in the courtroom, so in my opinion the judge was quite right to throw this particular argument out.

But while I’m on the subject of using Bayesian logic in the courts, let me add a few wider comments. First, I think that Bayesian reasoning provides a rigorous mathematical foundation for the process of assessing quantitatively the extent to which evidence supports a given theory or interpretation. As such it describes accurately how scientific investigations proceed by updating probabilities in the light of new data. It also describes how a criminal investigation works too.

What Bayesian inference is *not* good at is achieving closure in the form of a definite verdict. There are two sides to this. One is that the maxim “innocent until proven guilty” cannot be incorporated in Bayesian reasoning. If one assigns a zero *prior* probability of guilt then no amount of evidence will be able to change this into a non-zero posterior probability; the required burden is infinite. On the other hand, there is the problem that the jury must decide guilt in a criminal trial “beyond reasonable doubt”. But how much doubt is reasonable, exactly? And will a jury understand a probabilistic argument anyway?

In pure science we never really need to achieve this kind of closure, collapsing the broad range of probability into a simple “true” or “false”, because this is a process of continual investigation. It’s a reasonable inference, for example, based on Supernovae and other observations that the Universe is accelerating. But is it *proven* that this is so? I’d say “no”, and don’t think my doubts are at all unreasonable…

So what I’d say is that while statistical arguments are extremely important for investigating crimes – narrowing down the field of suspects, assessing the reliability of evidence, establishing lines of inquiry, and so on – I don’t think they should *ever* play a central role once the case has been brought to court unless there’s much clearer guidance given to juries and stricter monitoring of so-called “expert” witnesses.

I’m sure various readers will wish to express diverse opinions on this case so, as usual, please feel free to contribute through the box below!

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