• Publications
  • Influence
The Limits of the Preponderance of the Evidence Standard: Justifiably Naked Statistical Evidence and Multiple Causation
The preponderance-of-the-evidence standard usually is understood to mean that the plaintiff must show that the probability that the defendant is in fact liable exceeds 1/2. Several commentators and
The Need for a Research Culture in the Forensic Sciences
The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have
The Double Helix and the Law of Evidence
This book chronicles the discoveries that led to modern DNA evidence and analyzes how courts in the United States came to accept this evidence in criminal cases. It shows how the adversary system
Science in the Jury Box: Jurors’ Comprehension of Mitochondrial DNA Evidence
Questions about how jurors understand and apply scientific evidence were addressed in a mock jury study in which 480 jury pool members watched a videotaped mock trial that included expert testimony
Clarifying the Burden of Persuasion: What Bayesian Decision Rules Do and Do Not Do
This article articulates and analyses the assumptions and reasoning behind the decision-theoretic explication of the burden of persuasion. In doing so, it responds to Professor Ronald J. Allen's
Rounding Up the Usual Suspects: A Logical and Legal Analysis of DNA Trawling Cases
Courts are beginning to confront a problem that has divided the scientific community - whether identifying a defendant by fishing through a database of DNA types to find a match to a crime-scene
Questioning a Courtroom Proof of the Uniqueness of Fingerprints
This article suggests that the study prepared specifically for litigation to demonstrate the uniqueness of fingerprints is neither designed nor executed in a way that can show whether an individual's fingerprint impressions are unique.
Statistics in the Jury Box: How Jurors Respond to Mitochondrial DNA Match Probabilities
This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we
Reasonable doubt?
  • D. Kaye
  • Law, Philosophy
  • 1 November 1989
The prosecution must prove its case by more than a mere preponderance of the evidence, yet not necessarily to an absolute certainty. The State has the burden of proving the defendant guilty beyond a