{"title":"Treatment of inconclusives in the AFTE range of conclusions","authors":"H. Hofmann, A. Carriquiry, Susan Vanderplas","doi":"10.1093/lpr/mgab002","DOIUrl":null,"url":null,"abstract":"\n In the past decade, and in response to the recommendations set forth by the National Research Council Committee on Identifying the Needs of the Forensic Sciences Community (2009), scientists have conducted several black-box studies that attempt to estimate the error rates of firearm examiners. Most of these studies have resulted in vanishingly small error rates, and at least one of them (D. P. Baldwin, S. J. Bajic, M. Morris, and D. Zamzow. A Study of False-Positive and False-Negative Error Rates in Cartridge Case Comparisons. Technical report, Ames Lab IA, Performing, Fort Belvoir, VA, April 2014.) was cited by the President’s Council of Advisors in Science and Technology (PCAST) during the Obama administration, as an example of a well-designed experiment. What has received little attention, however, is the actual calculation of error rates and in particular, the effect of inconclusive findings on those error estimates. The treatment of inconclusives in the assessment of errors has far-reaching implications in the legal system. Here, we revisit several black-box studies in the area of firearms examination, investigating their treatment of inconclusive results. It is clear that there are stark differences in the rate of inconclusive results in regions with different norms for training and reporting conclusions. More surprisingly, the rate of inconclusive decisions for materials from different sources is notably higher than the rate of inconclusive decisions for same-source materials in some regions. To mitigate the effects of this difference we propose a unifying approach to the calculation of error rates that is directly applicable in forensic laboratories and in legal settings.","PeriodicalId":48724,"journal":{"name":"Law Probability & Risk","volume":" ","pages":""},"PeriodicalIF":1.4000,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"14","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law Probability & Risk","FirstCategoryId":"100","ListUrlMain":"https://doi.org/10.1093/lpr/mgab002","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 14
Abstract
In the past decade, and in response to the recommendations set forth by the National Research Council Committee on Identifying the Needs of the Forensic Sciences Community (2009), scientists have conducted several black-box studies that attempt to estimate the error rates of firearm examiners. Most of these studies have resulted in vanishingly small error rates, and at least one of them (D. P. Baldwin, S. J. Bajic, M. Morris, and D. Zamzow. A Study of False-Positive and False-Negative Error Rates in Cartridge Case Comparisons. Technical report, Ames Lab IA, Performing, Fort Belvoir, VA, April 2014.) was cited by the President’s Council of Advisors in Science and Technology (PCAST) during the Obama administration, as an example of a well-designed experiment. What has received little attention, however, is the actual calculation of error rates and in particular, the effect of inconclusive findings on those error estimates. The treatment of inconclusives in the assessment of errors has far-reaching implications in the legal system. Here, we revisit several black-box studies in the area of firearms examination, investigating their treatment of inconclusive results. It is clear that there are stark differences in the rate of inconclusive results in regions with different norms for training and reporting conclusions. More surprisingly, the rate of inconclusive decisions for materials from different sources is notably higher than the rate of inconclusive decisions for same-source materials in some regions. To mitigate the effects of this difference we propose a unifying approach to the calculation of error rates that is directly applicable in forensic laboratories and in legal settings.
期刊介绍:
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.
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.
Examples of topics which may be covered include communications law, computers and the law, environmental law, law and medicine, regulatory law for science and technology, identification problems (such as DNA but including other materials), sampling issues (drugs, computer pornography, fraud), offender profiling, credit scoring, risk assessment, the role of statistics and probability in drafting legislation, the assessment of competing theories of evidence (possibly with a view to forming an optimal combination of them). In addition, a whole new area is emerging in the application of computers to medicine and other safety-critical areas. New legislation is required to define the responsibility of computer experts who develop software for tackling these safety-critical problems.