A History of Evidence in Medical Decisions: from the Diagnostic Sign to Bayesian Inference
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Interpretation of Probability: Still an Open Issue? 1
philosophies Article The Interpretation of Probability: Still an Open Issue? 1 Maria Carla Galavotti Department of Philosophy and Communication, University of Bologna, Via Zamboni 38, 40126 Bologna, Italy; [email protected] Received: 19 July 2017; Accepted: 19 August 2017; Published: 29 August 2017 Abstract: Probability as understood today, namely as a quantitative notion expressible by means of a function ranging in the interval between 0–1, took shape in the mid-17th century, and presents both a mathematical and a philosophical aspect. Of these two sides, the second is by far the most controversial, and fuels a heated debate, still ongoing. After a short historical sketch of the birth and developments of probability, its major interpretations are outlined, by referring to the work of their most prominent representatives. The final section addresses the question of whether any of such interpretations can presently be considered predominant, which is answered in the negative. Keywords: probability; classical theory; frequentism; logicism; subjectivism; propensity 1. A Long Story Made Short Probability, taken as a quantitative notion whose value ranges in the interval between 0 and 1, emerged around the middle of the 17th century thanks to the work of two leading French mathematicians: Blaise Pascal and Pierre Fermat. According to a well-known anecdote: “a problem about games of chance proposed to an austere Jansenist by a man of the world was the origin of the calculus of probabilities”2. The ‘man of the world’ was the French gentleman Chevalier de Méré, a conspicuous figure at the court of Louis XIV, who asked Pascal—the ‘austere Jansenist’—the solution to some questions regarding gambling, such as how many dice tosses are needed to have a fair chance to obtain a double-six, or how the players should divide the stakes if a game is interrupted. -
Teaching Evidence
Saint Louis University Law Journal Volume 50 Number 4 (Summer 2006) Article 4 2006 Teaching Evidence Paul Rothstein Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation Paul Rothstein, Teaching Evidence, 50 St. Louis U. L.J. (2006). Available at: https://scholarship.law.slu.edu/lj/vol50/iss4/4 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW TEACHING EVIDENCE PAUL ROTHSTEIN* I teach Evidence in a four-hour course over one semester. It meets twice a week for fourteen weeks, two hours each session, which includes a ten-minute break in the middle of the session. I. COURSE OBJECTIVES I strive to instill knowledge of the law of evidence, proficiency in applying it, and a thoughtful and critical attitude toward it. I seek to equip students not only to function in the present, but also to anticipate and deal with the future. They should be able to handle change and understand the potential directions of change. They should be exposed to legal, factual, and cultural trends and developments that might affect the law we learn today. And they must be prepared to perform ethically. Even if many students will never actually try a case, I believe knowledge of evidence will help them in almost any function they may perform as lawyers, since so much depends, in shaping any legal transaction, upon what * Professor of Law at Georgetown University Law Center, specializing in Evidence, Torts, and other subjects related to civil and criminal litigation and the judicial process from the Supreme Court on down. -
Chapter 1: the Objective and the Subjective in Mid-Nineteenth-Century British Probability Theory
UvA-DARE (Digital Academic Repository) "A terrible piece of bad metaphysics"? Towards a history of abstraction in nineteenth- and early twentieth-century probability theory, mathematics and logic Verburgt, L.M. Publication date 2015 Document Version Final published version Link to publication Citation for published version (APA): Verburgt, L. M. (2015). "A terrible piece of bad metaphysics"? Towards a history of abstraction in nineteenth- and early twentieth-century probability theory, mathematics and logic. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:27 Sep 2021 chapter 1 The objective and the subjective in mid-nineteenth-century British probability theory 1. Introduction 1.1 The emergence of ‘objective’ and ‘subjective’ probability Approximately at the middle of the nineteenth century at least six authors – Simeon-Denis Poisson, Bernard Bolzano, Robert Leslie Ellis, Jakob Friedrich Fries, John Stuart Mill and A.A. -
Introduction to Bayesian Inference and Modeling Edps 590BAY
Introduction to Bayesian Inference and Modeling Edps 590BAY Carolyn J. Anderson Department of Educational Psychology c Board of Trustees, University of Illinois Fall 2019 Introduction What Why Probability Steps Example History Practice Overview ◮ What is Bayes theorem ◮ Why Bayesian analysis ◮ What is probability? ◮ Basic Steps ◮ An little example ◮ History (not all of the 705+ people that influenced development of Bayesian approach) ◮ In class work with probabilities Depending on the book that you select for this course, read either Gelman et al. Chapter 1 or Kruschke Chapters 1 & 2. C.J. Anderson (Illinois) Introduction Fall 2019 2.2/ 29 Introduction What Why Probability Steps Example History Practice Main References for Course Throughout the coures, I will take material from ◮ Gelman, A., Carlin, J.B., Stern, H.S., Dunson, D.B., Vehtari, A., & Rubin, D.B. (20114). Bayesian Data Analysis, 3rd Edition. Boco Raton, FL, CRC/Taylor & Francis.** ◮ Hoff, P.D., (2009). A First Course in Bayesian Statistical Methods. NY: Sringer.** ◮ McElreath, R.M. (2016). Statistical Rethinking: A Bayesian Course with Examples in R and Stan. Boco Raton, FL, CRC/Taylor & Francis. ◮ Kruschke, J.K. (2015). Doing Bayesian Data Analysis: A Tutorial with JAGS and Stan. NY: Academic Press.** ** There are e-versions these of from the UofI library. There is a verson of McElreath, but I couldn’t get if from UofI e-collection. C.J. Anderson (Illinois) Introduction Fall 2019 3.3/ 29 Introduction What Why Probability Steps Example History Practice Bayes Theorem A whole semester on this? p(y|θ)p(θ) p(θ|y)= p(y) where ◮ y is data, sample from some population. -
Harold Jeffreys's Theory of Probability Revisited
Statistical Science 2009, Vol. 24, No. 2, 141–172 DOI: 10.1214/09-STS284 c Institute of Mathematical Statistics, 2009 Harold Jeffreys’s Theory of Probability Revisited Christian P. Robert, Nicolas Chopin and Judith Rousseau Abstract. Published exactly seventy years ago, Jeffreys’s Theory of Probability (1939) has had a unique impact on the Bayesian commu- nity and is now considered to be one of the main classics in Bayesian Statistics as well as the initiator of the objective Bayes school. In par- ticular, its advances on the derivation of noninformative priors as well as on the scaling of Bayes factors have had a lasting impact on the field. However, the book reflects the characteristics of the time, especially in terms of mathematical rigor. In this paper we point out the fundamen- tal aspects of this reference work, especially the thorough coverage of testing problems and the construction of both estimation and testing noninformative priors based on functional divergences. Our major aim here is to help modern readers in navigating in this difficult text and in concentrating on passages that are still relevant today. Key words and phrases: Bayesian foundations, noninformative prior, σ-finite measure, Jeffreys’s prior, Kullback divergence, tests, Bayes fac- tor, p-values, goodness of fit. 1. INTRODUCTION Christian P. Robert is Professor of Statistics, Applied Mathematics Department, Universit´eParis Dauphine The theory of probability makes it possible to and Head of the Statistics Laboratory, Center for respect the great men on whose shoulders we stand. Research in Economics and Statistics (CREST), H. Jeffreys, Theory of Probability, Section 1.6. -
Route Analysis of Credibility and Hearsay*
The Yale Law Journal Volume 96, Number 4, March 1987 Articles Route Analysis of Credibility and Hearsay* Richard D. Friedmant This Article applies a simple graphic technique, which I call route analysis,' to problems of credibility and hearsay. Route analysis facilitates the examination of the role that a given piece of evidence plays in the proof of an uncertain factual proposition. The focus of this Article is on a particularly important type of evidence-a person's declaration or other conduct that tends to prove the truth of a proposition because the person asserts the proposition or his conduct otherwise indicates he believes it to be true. This Article assumes, as a working premise, that such declara- tions or other conduct, whether in court or out of court, can be analyzed by the same technique used for other types of evidence. I hope to demon- strate that this premise is correct by reaching intuitively appealing yet nontrivial results; some of these results are quite general, while others concern specific recurrent issues of evidence law, such as the Hillmon doctrine. * C Copyright 1987, Richard D. Friedman. All rights reserved. t Associate Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University. In writ- ing this Article, I have benefited from the comments, suggestions, criticisms, and encouragement of many people, especially Ronald Allen, David Kaye, Richard Lempert, Peter Lushing, Paul Shupack, Stewart Sterk, Peter Tillers, Jack Weinstein, and Susan Wolf. 1. I presented the technique in a previous article, Friedman, A Diagrammatic Approach to Evi- dence, 66 B.U.L. REv. -
I. Introduction
COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 DAVID G. CAMPBELL CHAIRS OF ADVISORY COMMITTEES CHAIR MICHAEL A. CHAGARES REBECCA A. WOMELDORF APPELLATE RULES SECRETARY SANDRA SEGAL IKUTA BANKRUPTCY RULES JOHN D. BATES CIVIL RULES DONALD W. MOLLOY CRIMINAL RULES DEBRA ANN LIVINGSTON EVIDENCE RULES MEMORANDUM TO: Hon. David G. Campbell, Chair Committee on Rules of Practice and Procedure FROM: Hon. Debra Ann Livingston, Chair Advisory Committee on Evidence Rules RE: Report of the Advisory Committee on Evidence Rules DATE: May 14, 2018 ______________________________________________________________________________ I. Introduction The Advisory Committee on Evidence Rules (the “Committee”) met on April 26-27, 2018 in Washington, D.C. At the meeting the Committee discussed ongoing projects involving matters such as possible amendments to Rules 404(b), 606(b), 702, 801(d)(1)(A) and 807. It also considered proposals submitted to the Committee suggesting changes to Rules 106 and 609(a)(1), as well as a proposal to adopt a rule governing illustrative aids. The Committee made the following determinations at the meeting: ● It unanimously approved the proposed amendment to Rule 807, and is submitting it to the Standing Committee for final approval. ● It unanimously approved a proposed amendment to Rule 404(b), and is submitting it to the Standing Committee with the recommendation that it be released for public comment; Committee on Rules of Practice & Procedure | June 12, 2018 Page 397 of 502 Report to the Standing Committee Advisory Committee on Evidence Rules May 14, 2018 Page 2 ● It agreed to consider a possible amendment to Rule 106. -
MILITARY RULES of EVIDENCE SYMPOSIUM: an INTRODUCTION Robinson 0
I MILITARY RULES OF EVIDENCE SYMPOSIUM: AN INTRODUCTION Robinson 0. Everett N -1 THE MILITARY RULES OF EVIDENCE: ORIGINS AND JUDICIAL INTERPRETATION Fredric I. Lederer THE USE OF EVIDENCE OF AN ACCUSED'S UNCHARGED MISCONDUCT TO PROVE MENS REA: THE DOCTRINE THAT THREATENS TO ENGULF THE CHARACTER EVIDENCE PROHIBITION 5 Edward J. Imwinkelried 8 MILITARY RULE OF EVIDENCE 804(b) (3)'s STATEMENT AGAINST PENAL INTEREST EXCEPTION: CAN THE RULE STAND ON ITS OWN? Mark E. Sharp SCIENTIFIC EVIDENCE IN COURTS-MARTIAL: FROM THE GENERAL ACCEPTANCE r ci C STANDARD TO THE RELEVANCY APPROACH Major Michael N. Schmitt and Captain Steven A. Hatfield MILITARY RULE OF EVIDENCE 404 AND GOOD MILITARY CHARACTER Lieutenant Colonel Paul A. Capofari Volume 130 Fall 1990 Pamphlet HEADQUARTERS DEPARTMENT OF THE ARMY NO. 27-100-130 Washington, D.C., Fall 1990 MILITARY LAW REVIEW-VOL. 130 The Military Law Review has been published quarterly at The Judge Advocate General’s School, US. Army, Charlottesville, Vir- ginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference will be given to those writings having lasting value as reference material for the military lawyer. The Review encourages frank discussion of relevant legislative, administrative, and judicial developments. EDITORIAL STAFF CAFTAIN MATTHEW E. WINTER, Editor MS. EVA F. SKINNER, Editorial Assistant SUBSCRIPTIONS: Private subscriptions may be purchased from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. -
EVIDENCE LAW UPDATE September 2018 Introduction General Principles State V
EVIDENCE LAW UPDATE September 2018 Introduction General Principles State v. Soto “Looks like a jury . Let me tell you how this ends.” Can you say guilty? Rule 606—Juror Competency During an inquiry into the validity of a verdict or indictment, a juror may not testify about: O Statements or incidents during deliberation; O Effect of anything on a juror’s vote; or O Any juror’s mental processes. Rule 606--Exceptions O Extraneous prejudicial information improperly brought to the juror’s attention O Outside influence improperly brought to bear on any juror. Purpose of Evidence Law O Concession to the shortness of life. O Serve policy goals. O Produce just verdicts Professor George Fisher “Much of our task ahead is to plot the crooked line that separates evidence we think the jury can evaluate reasonably (and therefore is admissible) from evidence we think will distract the jury from its search for truth (and therefore is not admissible). Examine this line critically. After all, the notion that we can get more truth from less evidence must have strict limits.” Article I General Provisions Curative Instructions The Rule of Completion Rule 105. Limiting Instructions O “If the court admits evidence that is admissible against a party or for a purpose— but not against another party or for another purpose—the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.” State v. Padilla 2018 UT App 108 But where did those other two gang members go? Rule 106. Rule of Completion O If a party produce all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part—or any other writing or recorded statement—that in fairness ought to be considered at the same time. -
Character Evidence and Self- Defense in Homicide and Assault Cases
CHRISTOPHER W. BEHAN∗ When Turnabout Is Fair Play: Character Evidence and Self- Defense in Homicide and Assault Cases Introduction ................................................................................. 735 I. Self-Defense and Character Evidence.............................. 739 A. Raising Self-Defense .................................................... 739 B. Character Evidence and Self-Defense........................ 743 1. Logical Structure..................................................... 743 2. Character Evidence in the Courtroom................. 744 3. Character Evidence and Self-Defense Under the Common Law................................................... 746 a. The Decision to Introduce Character Evidence............................................................ 746 b. Victim Character Evidence.............................. 748 4. Self-Defense and Character Evidence Under the Federal Rules ................................................... 751 a. Methods of Proof .............................................. 751 b. Character Evidence Rules Prior to 2000........ 757 c. Post-2000 Character Evidence Rules.............. 760 ∗ Assistant Professor of Law, Southern Illinois University School of Law, Carbondale, Illinois. L.L.M., Commandant’s List, 2003, The Judge Advocate General’s School, United States Army; J.D., magna cum laude, 1995, J. Reuben Clark Law School, Brigham Young University. The author wishes to thank Valery Behan, Dan DiPaola, Mark Lee, Bill Schroeder, and Michelle Slack for their helpful comments -
Estimation and Detection with Applications to Navigation
Linköping studies in science and technology. Dissertations. No. 1216 Estimation and Detection with Applications to Navigation David Törnqvist Department of Electrical Engineering Linköping University, SE–581 83 Linköping, Sweden Linköping 2008 Linköping studies in science and technology. Dissertations. No. 1216 Estimation and Detection with Applications to Navigation David Törnqvist [email protected] www.control.isy.liu.se Division of Automatic Control Department of Electrical Engineering Linköping University SE–581 83 Linköping Sweden ISBN 978-91-7393-785-6 ISSN 0345-7524 Copyright c 2008 David Törnqvist Parts of this thesis have been published previously. Paper A is published with permission from Springer Science and Business Media c 2008 Papers B and E are published with permission from IFAC c 2008. Paper C is published with permission from IEEE c 2008. Paper D is published with permission from EURASIP c 2007. Printed by LiU-Tryck, Linköping, Sweden 2008 To my family! Abstract The ability to navigate in an unknown environment is an enabler for truly autonomous systems. Such a system must be aware of its relative position to the surroundings using sensor measurements. It is instrumental that these measurements are monitored for distur- bances and faults. Having correct measurements, the challenging problem for a robot is to estimate its own position and simultaneously build a map of the environment. This prob- lem is referred to as the Simultaneous Localization and Mapping (SLAM) problem. This thesis studies several topics related to SLAM, on-board sensor processing, exploration and disturbance detection. The particle filter (PF) solution to the SLAM problem is commonly referred to as FastSLAM and has been used extensively for ground robot applications. -
Wisconsin's Uncharged Misconduct Evidence Rule: an Analysis of Section 904.04(2)
COMMENT WISCONSIN'S UNCHARGED MISCONDUCT EVIDENCE RULE: AN ANALYSIS OF SECTION 904.04(2) I. INTRODUCTION Wisconsin courts have uniformly held that evidence of uncharged mis- conduct1 is inadmissible to establish the defendant's general character, dis- position or criminal propensity.2 Following the lead of the federal jurisdiction,3 the Wisconsin legislature adopted this fundamental principle and codified it in Wisconsin Statute Section 904.04(2). Section 904.04(2) states: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conform- ity therewith. This subsection does not exclude the evidence when offered for other purposes, such as proof of motive, opportunity, in- tent, preparation, plan, knowledge, identity, or absence of mistake or accident. 4 1. The phrase "uncharged misconduct" denotes acts that are not charged in the indictment or information for which the defendant is currently on trial. Comment, Admission of Evidence of Other Misconduct in Washington to Prove Intent or Absence of Mistake or Accident: The Logical Inconsistencies of Evidence Rule 404(b), 61 WASH. L. REv. 1213, 1213 n.4 (1986). "Uncharged misconduct" is more commonly known as "other crimes, wrongs, or acts." Since the phrase uncharged misconduct characterizes this evidence more accurately, this Comment will substitute the phrase "uncharged misconduct" for the phrase "other crimes, wrongs, or acts." Although this evidence is also admissible in civil cases, this Comment will focus on the admissibility of this evidence in criminal cases. 2. See Fossdahl v. State, 89 Wis. 482, 485, 62 N.W.