From Wikipedia, we read the definition of Scientific Method
“Scientific method is a body of techniques for investigating phenomena, acquiring new knowledge, or correcting and integrating previous knowledge. It is based on gathering observable, empirical and measurable evidence subject to specific principles of reasoning. The scientific method consists of the collection of data through observation and experimentation, and the formulation and testing of hypotheses.
Although procedures vary from one field of inquiry to another, identifiable features distinguish scientific inquiry from other methodologies of knowledge. Scientific researchers propose hypotheses as explanations of phenomena, and design experimental studies to test these hypotheses. These steps must be repeatable in order to predict dependably any future results. Theories that encompass wider domains of inquiry may bind many hypotheses together in a coherent structure. This in turn may help form new hypotheses or place groups of hypotheses into context.
Among other facets shared by the various fields of inquiry is the conviction that the process must be objective to reduce a biased interpretation of the results. Another basic expectation is to document, archive and share all data and methodology so it is available for careful scrutiny by other scientists, thereby allowing other researchers the opportunity to verify results by attempting to reproduce them. This practice, called full disclosure, also allows statistical measures of the reliability of these data to be established.” {end of Wikipedia quote}
All data at a trial has to be evaluated very carefully. All data has a statistical significance. A jury of peers, frequently with the engineers and scientists excluded, is supposed to carefully evaluate evidence as to relevance, significance and importance to establishing or refuting the crime theories presented by the prosecution or plaintiff.
Look back to the Gary Graham trial and execution presented in “Crack 1”. He was executed on the basis of one eye-witness identification. Probably the only thing that the witness could really establish was the approximate race, weight, age, height and hair color of the person she was making an ID on. It’s possible that there were a million people in the United States that have similar characteristics. But how many with the observed characteristics were near that location at that time? Perhaps only thousands. According to other witnesses, Gary Graham was seen in another location that same night.
I had a tough time making a quick ID on my son sitting in the middle of twenty other college hockey players all with butch haircuts. It took me one embarrassing minute to locate him from 20 feet away! Had to look each in the eye.
Every piece of evidence has a statistical probability. Each should be calculated. Logical fallacies have to be analyzed and poor conclusions refuted. The theories of the prosecution and the defense have to be precisely confirmed or refuted. A statistically irrelevant outcome should result more frequently than it does.
Lawyers explain that they try to effect the emotions of the jurists. In other words, they try to scare the jurists, make them grieve, or make them angry. They try to evoke the prejudices of the jurists. They think it is a game. They just try to “win” – if the word win has any relevance in a jury trial.
Crack 3 in the Liberty Bell is that the courts are at best eclectic about the Scientific Method and, more likely, in contempt for the Scientific Method and the fairness that it would bring.
