On The Nature Of Evidence
Posted: Fri Nov 28, 2014 1:25 pm
A book I greatly admire is "Popular Crime" by noted baseball statistical revolutionary Bill James. He does have a chapter in it about the Borden case...his main, limited, careful finding is that it couldn't have been Lizzie, because she wasn't covered in blood.
That aside, another aspect of his book that is interesting is the weighting of evidence. As he does with baseball statistics, Bill suggests a formula reducing evidence to math and adding up whether it reaches conviction level.
So...I don't have the book in front of me. But it seems that this debate could greatly benefit from something like that, because pieces of evidence are whipped out like pistols to shoot down propositions, and they aren't all alike.
Three pieces, by way of example...
-- Lizzie's testimony... If you are examining her direct or conspiratorial guilt, it has a difference twist than just saying "she said she heard the lock being opened by Bridget." More may be discerned by third party evidence of whether she is caught in a lie or a truth than by the evidence she claims. In terms of a "truth", it is a little value in and of itself. Furthermore, once someone is a suspect on trial for her life, or aeven a muttered target of suspicion (Morse, Emma) their testimony must he heavily scrutinized.
-- A policeman testifying he arrived at the scene and found the cellar door locked. This is a high quality piece of evidence to me. The man is an authority, with no apparent reason to lie under oath, and no apparent motive for the facts being one way or the other.
-- The much maligned newspaper accounts. Yes, papers were very competitive, and they weren't that professional in that time. However, most aren't at the "make something up" tabloid level, either. And they would, as journalists and publications, lose readers if they kepot getting cr@p wrong. It is also true that some took an editorial "slant" and stuck with it. However, they were there to "report" and would, in the broad strokes of things, not have a dog in the fight other than hoping for sensationalism.
-- testimony. Layman don't realize how much of the criminal system runs on testimony, and how powerful it is. If you have ever been under oath, it is a surprising weight on your shoulders. As long as someone isn't directly involved as a perpetrator or conspirator, I think eyewitness testimony (or statements to the police) are very compelling but often tossed away. Eg: Dr. Handy describing the wagon and "pale man" in gfront of Borden's house.
-- expert forensic testimony from state. In terms of strict material facts, I give this a high mark. Number of hatchet blows, no prussic acid in stomach, etc.
-- expert testimony. e.g.: guessestimate on time of death, psychology opinions, etc. Damn near worthless, unless you are looking for the biggest whore in the state at that moment. Bought and paid for.
Anyway, just putting it out there.
That aside, another aspect of his book that is interesting is the weighting of evidence. As he does with baseball statistics, Bill suggests a formula reducing evidence to math and adding up whether it reaches conviction level.
So...I don't have the book in front of me. But it seems that this debate could greatly benefit from something like that, because pieces of evidence are whipped out like pistols to shoot down propositions, and they aren't all alike.
Three pieces, by way of example...
-- Lizzie's testimony... If you are examining her direct or conspiratorial guilt, it has a difference twist than just saying "she said she heard the lock being opened by Bridget." More may be discerned by third party evidence of whether she is caught in a lie or a truth than by the evidence she claims. In terms of a "truth", it is a little value in and of itself. Furthermore, once someone is a suspect on trial for her life, or aeven a muttered target of suspicion (Morse, Emma) their testimony must he heavily scrutinized.
-- A policeman testifying he arrived at the scene and found the cellar door locked. This is a high quality piece of evidence to me. The man is an authority, with no apparent reason to lie under oath, and no apparent motive for the facts being one way or the other.
-- The much maligned newspaper accounts. Yes, papers were very competitive, and they weren't that professional in that time. However, most aren't at the "make something up" tabloid level, either. And they would, as journalists and publications, lose readers if they kepot getting cr@p wrong. It is also true that some took an editorial "slant" and stuck with it. However, they were there to "report" and would, in the broad strokes of things, not have a dog in the fight other than hoping for sensationalism.
-- testimony. Layman don't realize how much of the criminal system runs on testimony, and how powerful it is. If you have ever been under oath, it is a surprising weight on your shoulders. As long as someone isn't directly involved as a perpetrator or conspirator, I think eyewitness testimony (or statements to the police) are very compelling but often tossed away. Eg: Dr. Handy describing the wagon and "pale man" in gfront of Borden's house.
-- expert forensic testimony from state. In terms of strict material facts, I give this a high mark. Number of hatchet blows, no prussic acid in stomach, etc.
-- expert testimony. e.g.: guessestimate on time of death, psychology opinions, etc. Damn near worthless, unless you are looking for the biggest whore in the state at that moment. Bought and paid for.
Anyway, just putting it out there.