8 Out Of 9 Prosecutors Agree
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We discussed the Prosecutor’s Fallacy in the past, but I recently found an excellent example of it in our local paper. To recap, the classic example of the fallacy goes something like this:
In the maneuvering for what data was to be allowed in OJ’s murder trial, the prosecutor wanted to introduce the fact that OJ had previously battered Nicole. The defense moved to prevent the jury from being exposed to this information because it would be prejudicial to their client and it was not relevant. The prosecutor wants to present anything that could lead a jury to think the defendant is capable of uncontrolled rage, but the defense introduces statistics that show only 1 out of 2,500 men who batter a woman later go on to kill her. This number is so small that it shows nothing can be gained by exposing a jury to the history, which is irrelevant by these numbers. (BTW, death from a person who previously battered is also relatively rare. The current death rate in her demography is 45/100,000.)
So what would you do if you were the judge? Think about it before reading on, or if you must read on, remember what you read and try to stump your friends with it.
The simple analysis is to consider a pool of 100,000 battered women. By the above, we know that 45 of them will be killed. However, if we divide 100,000 by 2,500, we see that 40 of them will be killed by the person who previously battered them. In other words, 8 out of 9 women killed by batterers were previously battered by them. Does this analysis change your opinion?
Note the defense did not lie. We could be generous and suggest they really believed what they said. After all, the statistics are valid. But they posed the issue incorrectly. By concentrating on batterers, they missed the essential point of considering the history of their victims.
This fallacy bears repeating because it keeps coming up. This week a concerned citizen wrote in our local newspaper to complain about the mayor and City Council of San Diego voting in favor of supporting gay marriage. The first sentence of the editorial is “In a study published by the Archives of Sexual Behavior [sic: no reference], 86 percent of pedophiles described themselves as homosexual.” The editorial goes on to consider the dire effects of allowing marriage and by definition, adoption of children by gay couples and how that would lead to sexual exploitation.
The problem is that I did a quick search using only Google and found several references to child abuse statistics. In general, the largest single block of child molesters are the immediate family with close friends of the family running second. In one study I found, out of nearly 400 children who had been examined in a hospital after being molested, less than 1 percent were assaulted by homosexuals.
If we follow the logic of the editorial to fight child abuse in light of the statistics, instead of concentrating on gays, we are forced to conclude that we should prevent all members of the immediate family from having any contact with children. Depending on how much funding is available for the child protection system, we could also prevent contact with close family friends and neighbors. Obviously this reasoning is flawed.
My quick and dirty survey is not conclusive, but the essential point is there. The editorialist was either misled into the prosecutor’s fallacy or deliberately stated the facts to bias readers toward a particular point of view. Whatever your political preference, let us at least present the data correctly.
In response to the interest my original tutorial generated, I have completely rewritten and expanded it. Check out the tutorial availability through Lockergnome. The new version is over 100 pages long with chapters that alternate between discussion of the theoretical aspects and puzzles just for the fun of it. Puzzle lovers will be glad to know that I included an answers section that includes discussions as to why the answer is correct and how it was obtained. Most of the material has appeared in these columns, but some is new. Most of the discussions are expanded compared to what they were in the original column format.
[tags]decision theory, statistics, odds[/tags]

3 Comments
Christopher Foss
October 4th, 2007
at 9:14am
While this is certainly an impressive piece of reasoning, it is flawed from the perspective of introducing evidence.
The reason for this is that you have thrown out all statistics that do not support your conclusion. The mathematics are sound, but you have proved that 8 out of 9 deaths involving a batterer have battery in their history. You have done this at the expense of pointing out that those incidents are so statistically minor as to not represent one tenth of one percent.
You have, in effect, used the statistics to support your conclusion rather reaching a conclusion by examining the facts provided. By definition, you conclusion must be suspect since it is made before an examination of the facts.
Angus McRoid
October 7th, 2007
at 1:44am
This post has bothered me for several days. Regarding the “prosecutor’s fallacy”, our legal system limits to the defense presentation of statistics as evidence. Your view, presented twice now, suggests you would prefer a system in which a jury might be told it is proper find someone guilty of murder on the basis of statistics. Do you really mean this?
I agree with your second point, regarding gay marriage, but not with your use of statistics to support it. Pedophilic molestation of boys resulting in hospitalization of the victim is sociopathic, the perpetrator most often being a man who was similarly abused. Pedophilic sexual contact with boys not leading to hospitalization of the victim is much more common and predominantly perpetrated by a minority of gay men. Thus, your 1/400 statistic is both irrelevant and misleading.
Sherman E. DeForest
October 10th, 2007
at 3:17pm
OJ: I take no stance on what evidence should be admitted. I am not qualified to make such a decision. However, if statistical evidence is presented, I can reasonably expect it to be handled correctly. In the classic OJ case, the presentation of the same data in two different ways could bias an unsuspecting judge. That is my only point.
Pedophiles: As you probably know by now, I like to use emotionally laden issues to discuss the application of rational thought because these are exactly the ones that get brushed aside in mob rule and hysteria. When I taught at the university, I asked my students what is the optimum fraction of molested children in a society. Most immediately answered zero. Then I challenged them to construct a model society that would guarantee zero molestation and tell me if they would rather live there. I made no moral stance for any scenario. I was just trying to get students to think through situations without wishful thinking clouding their responses. Similarly the FDA specifies the permitted amount of insect parts in pepper. If you think all pepper should have no insect parts, what would your clean pepper cost? I the posting, I tried to avoid taking a position other than questioning the inappropriate use of statistics.
As you will see from the next posing, your qualms are minor compared to some comments I received and names I have been called. Your letter is a pleasure. Thank you.
Sherm