tween disputed alternatives under conditions of uncertainty."
Advocates of the use of statistical probability theory-based evidence such as Finklestein and Fairley and Saks and Kidd emphasize that the search for truth is the principal objective of trials. Saks and Kidd say that "a trial may indeed be more than a search for truth in a given matter; but surely it cannot be less." Opponents of admitting such evidence such as Tribe and his colleague, Nesson, emphasize the other political and social objectives that trials serve and try to show that the use of statistical or mathematical evidence interferes with the achievement of such goals. At one extreme is Nesson who argues that the primary function of trials is educative, "to project to society the legal rules that underlie judicial verdicts . . . the aim of the fact finding process is not to generate mathematically 'probable' verdicts, but rather to generate acceptable ones."
The truth probably lies in the middle between these extremes. No one familiar with the America
...