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11 - By what majority?

Published online by Cambridge University Press:  05 June 2014

Ian Hacking
Affiliation:
University of Toronto
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Summary

Paris, 14 August 1835 Gentlemen, what do you think is the probability of a jury decision, in which the majority is seven against five? Without a doubt, you will be shocked at the result. You will find that the probability of error is about one in four.

Oh! Oh! Laughter from the left

I shall assert that in a large number of jury decisions, given by a majority of eight to four, an eighth are marred by error – of eight who mount the scaffold, there is on average one who is innocent.

Loud denials from the centre. Long agitation

Such, gentlemen, are the results furnished by the calculus of probabilities, and provide the data needed to resolve our question.

Renewed agitation … the speaker is interruptedprivate conversations break out on every bench

Here is a way in which the new statistics seemed to matter. In 1785 Condorcet applied probability theory to judicial questions. In 1815 Laplace made some powerful a priori deductions about conviction rates. Once judicial statistics were available, his protégé Poisson used statistical inferences to overturn his conclusions. There is then a simple three-stage story of probability arithmetic and the French jury. To repeat:

1785: no jury, no experience, no data. Condorcet deduced that the optimum twelve man jury will be one that can convict with a majority of ten or more members. But he preferred a jury of 30. […]

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Publisher: Cambridge University Press
Print publication year: 1990

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  • By what majority?
  • Ian Hacking, University of Toronto
  • Book: The Taming of Chance
  • Online publication: 05 June 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9780511819766.011
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  • By what majority?
  • Ian Hacking, University of Toronto
  • Book: The Taming of Chance
  • Online publication: 05 June 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9780511819766.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • By what majority?
  • Ian Hacking, University of Toronto
  • Book: The Taming of Chance
  • Online publication: 05 June 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9780511819766.011
Available formats
×