Statistical Evidence and Individual Litigants: A Reconsideration of Wasserman's Argument from Autonomy

Abstract

The use of statistical evidence in court has attracted long-running controversy. Some uses of statistical evidence seem intuitively wrong, both in real cases (for example, Sally Clark) and in hypothetical examples (for example, the Gatecrasher Paradox). Yet, explaining why has proven to be difficult. One promising approach is that of Wasserman, who claims that using statistical evidence demeans the litigant's individuality and autonomy. This article presents Wasserman's argument, explores its merits, and defends it from some objections. However, the article also identifies six significant weaknesses, which have to be overcome before Wassermann's account can successfully identify the circumstances in which statistical evidence should be used or restricted.