Law, Probability & Risk Editor-in-Chief Prof. J. Gastwirth, Department of Statistics, George Washington University, Washington, DC, 20052, USA. E-mail: [email protected] Assistant Editor Prof. Q. Pan, Department of Statistics, George Washington University, Washington, DC, 20052, USA. E-mail: [email protected] Editors Prof. C. G. G. Aitken, School of Mathematics, The King’s Buildings, The University of Edinburgh, Mayfield Road, Edinburgh, EH9 3JZ, UK. E-mail: [email protected] Prof. E. Cheng, Vanderbilt University Law School, 131 21st Avenue South, Nashville, TN37203, USA. E-mail: [email protected] Prof. J. Franklin, School of Mathematics, University of New South Wales, Sydney 2052, Australia. E-mail: [email protected] Prof. J. J. Koehler, Northwestern University School of Law, 375 E. Chicago Avenue, Chicago, IL 60611-3069, USA. E-mail: [email protected] Prof. F. Taroni, Ecole des sciences criminelles, University of Lausanne, B. C. H. 1015, Lausanne-Dorigny, Switzerland. E-mail: [email protected] Law, Probability & Risk is a fully refereed journal which publishes papers dealing with topics on the interface of law and probabilistic reasoning. These are interpreted broadly to include aspects relevant to the interpretation of scientific evidence, the assessment of uncertainty and the assessment of risk. The readership includes academic lawyers, mathematicians, statisticians and social scientists with interests in quantitative reasoning. Examples include: evaluation, interpretation and presentation of evidence, estimation of compensation for serious injuries, the relevance and reliability of genetic tests for insurance purposes with consequent considerations of legal or quasi-legal criteria for allowable discrimination; legal conflicts affecting the efficiency of credit scoring on the basis of the different types of data permitted to be held by credit bureaux in the UK, the US and the rest of Europe; the detection of fraudulent transactions live, using expert systems and statistical analyses. Non-evidence law topics include environmental issues, mass torts, causation, risk assessment, medical and pharmaceut ical litigation involving the evaluation of epidemiological and bio-statistical evidence according to legal criteria. The primary objective of the journal is to cover issues in law, which have a scientific element, with an emphasis on statistical and probabilistic issues and the assessment of risk. Further details are available on www.lpr.oxfordjournals.org. Instructions to Authors Submitting authors should bear in mind that the journal is a multidisciplinary journal, intended to be read by lawyers, mathematicians and statisticians. • Please include an abstract of no more than 200 words, and up Book Review Editors to six keywords. Prof. E. Bura, Department of Statistics, George Washington University, Washington, DC, 20052, USA. E-mail: [email protected] Dr D. Lucy, Centre for Applied Statistics, Department of Mathematics and Statistics, Fylde College, Lancaster University, Lancaster LA1 4YF, UK. E-mail: [email protected] • The bulk of material must not be too technical; place techni- Editorial Board • Papers should contain some explanation of what they are cal details in footnotes. • Some formulae are permitted: general formulae in the text, particular formulae in footnotes. R. Baldwin (Department of Law, London School of Economics, London, UK) D. Bourcier (Centre de Theorie du Droit,University of Paris 10, France) S. Brewer (Harvard Law School, Massachusetts, USA) P. Cane (Research School of Social Sciences, Australian National University, Australia) C. Champod (Ecole des sciences criminelles, University of Lausanne, Switzerland) A. Gammerman (Department of Computer Science, Royal Holloway, University of London, Egham, UK) P. Garbolino (Faculty of Arts and Design, IUAV University, Venice, Italy) R. Hastie (Centre for Decision Research, University of Chicago, Chicago, USA) A. Izenman (Department of Statistics, Temple University, Philadelphia, USA) R. Lempert (School of Law, University of Michigan, Ann Arbor, USA) L. Luparia (Universita degli Studi di Milano, Milan, Italy) P. Mangin (Institute of Forensic Medecine, University of Lausanne, Lausanne, Switzerland) S. Penrod (Department of Psychology, John Jay College of Criminal Justice, New York, USA) M. Redmayne (Faculty of Law, London School of Economics & Political Science, London, UK) H. Reece (School of Law, Birkbeck College, London, UK) P. Roberts (School of Law, Nottingham University, Nottingham, UK) G. Sartor (Faculty of Philosophy, Bologna University, Bologna, Italy) B. Schafer (Centre for Law and Society, Edinburgh University, Edinburgh, UK) D. Schum (Department of Operations Research & Engineering, George Mason University, Virginia, USA) R. Shapira (Faculty of Law, Bar Ilan University, Ramat Gan, Israel) R. Smith (Centre for Ecology and Hydrology, Edinburgh, UK) L. Thomas (School of Management, University of Southampton, UK) P. Tillers (Benjamin N. Cardozo School of Law, Yeshiva University, New York, USA) G. van Calster (Institute of Energy and Environmental Law, Collegium Falconis, K.U. Leuven, Belgium) V. R. Walker (School of Law, Hofstra University, Hempstead, New York, USA) about that can be understood by everyone. However, the Editors accept that not all papers need to be entirely intelligible to all readers. • References: Name and year in the text, in the text. Full refer- ences given at the back in alphabetical order by first-named author. An alternative is acceptable with footnotes, numbered (with a superscript) by place of first appearance in the text. Look at earlier issues for examples. • Footnotes should be numbered consecutively in the order in which they are first mentioned in the text. Footnotes in text, tables and legend should be identified by arabic numbers appearing in the text in superscript, for example 5 or 5–7 or 5,16 for unrelated footnotes. Submission of papers Manuscripts may be submitted electronically using Microsoft Word, Wordperfect, LATEX or on paper, in which case the original and three copies should be submitted. In either case (paper or electronic submission) before a paper is finally accepted, a signed letter from the corresponding author is required specifying the name, full mailing address and telephone/fax numbers and e-mail address of the person who will act as corresponding author. The covering letter should also specify, if applicable, information about possible duplicate publication problems, financial or other relationships that could give rise to conflicts of interest and any other information the editors may need to make an informed decision in accordance with established policies and practices. Manuscripts may be submitted to any one of the six editors: 1. Prof. Colin Aitken, School of Mathematics, The King’s Buildings, The University of Edinburgh, Mayfield Road, Edinburgh, EH9 3JZ, UK. Tel: +44 (0) 131 650 4877; Fax: +44 (0) 131 650 6553; E-mail: [email protected] 2. Prof. E. Cheng, Vanderbilt University Law School, 131 21st Avenue South, Nashville, TN37203, USA. E-mail: edward. [email protected] 3. Prof. J. Franklin, School of Mathematics, University of New South Wales, Sydney 2052, Australia. Tel: +61 2 93857093; Fax: +61 2 93857123; E-mail: [email protected] 4. Prof. J. Gastwirth, Department of Statistics, George Washington University, Washington, DC, 20052, USA. Tel: 202 994 6356; Fax: 202 994 6917; E-mail: [email protected] 5. Prof. J. J. Koehler, Northwestern University School of Law, 375 E. Chicago Avenue, Chicago, IL 60611-3069, USA. Tel: 001 312 503 4469; E-mail: [email protected] 6. Prof. F. Taroni, Ecole des sciences criminelles, University of Lausanne, B.C.H. 1015. Lausanne-Dorigny, Switzerland, Tel: +41 21 692 4646; Fax: +41 21 692 4605; E-mail: [email protected] However, it would ease processing of submissions if the following general rules were followed: all submissions of a legal nature should go to Professor Tillers; those of a behavioural nature to Professor Koehler, those of a mathematical or statistical nature should go to Professor Gastwirth (North American submissions), Professor Aitken or Professor Franklin, those of a forensic science nature to Professor Taroni. If in doubt, send the submission to Professor Gastwirth who will decide how to process it. Books for review should be sent to either Professor E. Bura, Department of Statistics, George Washington University, Washington, DC, 20052, USA. E-mail: [email protected], or Dr. D. Lucy, Centre for Applied Statistics, Department of Mathematics and Statistics, Fylde College, Lancaster University, Lancaster LA1 4YF, UK. E-mail: [email protected] Manuscript layout Manuscripts must be written in English. The manuscript should be typed double-spaced, including title page, abstract, text, acknowledgements, footnotes, tables and legends. Tables and figures For paper submissions an original and three complete copies of all tables and figures (including photographs and line drawings) must be included. Licence to Publish It is a condition of publication in Law, Probability and Risk that authors grant an exclusive licence to Oxford University Press. This ensures that requests from third parties to reproduce articles are handled efficiently and consistently, and will also allow the article to be as widely disseminated as possible. In granting an exclusive licence, authors may use their own material in publications provided that the Journal is acknowledged as the original place of publication, and Oxford University Press is notified in writing and in advance. It is the author’s responsibility to obtain permission to reproduce verbal or visual material from copyright sources. Printed by Bell and Bain Ltd, UK Typeset by Cenveo publisher services, Bangalore, India lawprj_13_3-4_Cover.indd 3 27-08-2014 12:20:05 ISSN 1470-8396 (PRINT) ISSN 1470-840X (ONLINE) LAW, PROBABILITY & RISK Law, Probability & Risk A journal of reasoning under uncertainty VOLUME 13 ● NUMBERS 3–4 ● SEPTEMBER–DECEMBER 2014 Law, Probability & Risk A journal of reasoning under uncertainty Papers from the Workshop on Formal Argument and Evidential Inference, ICAIL, Rome, June 10–14 2013 VOLUME 13, NUMBERS 3–4 SEPTEMBER–DECEMBER 2014 193 SCOTT BREWER, GUSTAVO RIBEIRO AND GIOVANNI SARTOR Introduction 195 RONALD J. ALLEN Burdens of proof 221 DAVID HAMER Presumptions, standards and burdens: managing the cost of error 243 FEDERICO PICINALI Innocence and burdens of proof in English criminal law 259 VERN R. WALKER Representing the use of rule-based presumptions in legal decision documents 277 JOSEPH L. GASTWIRTH AND WENJING XU Statistical tools for evaluating the adequacy of the size of a sample on which statistical evidence is based 307 BART VERHEIJ To catch a thief with and without numbers: arguments, scenarios and probabilities in evidential reasoning 327 HENRY PRAKKEN On direct and indirect probabilistic reasoning in legal proof VOLUME 13 ● NUMBERS 3–4 ● SEPTEMBER–DECEMBER 2014 Editor in Chief JOSEPH GASTWIRTH PP. 193–337 SPECIAL ISSUE Papers from the Workshop on Formal Argument and Evidential Inference, ICAIL, Rome, June 10–14 2013 Guest Editors Scott Brewer, Gustavo Ribeiro and Giovanni Sartor www.lpr.oxfordjournals.org ® MIX Paper from responsible sources FSC® C007785 lawprj_13_3-4_Cover.indd 1 27-08-2014 12:19:56
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