By the way, I should probably clarify that I don’t think the LW average of 87% probability of guilt for Guede at all means that he should have been acquitted. I attribute the low number to a lack of confidence due to not having delved sufficiently deeply into the case, as per the third point in my earlier comment.
One should only believe that a miscarriage of justice has occurred in his case if one believes that the jury should not have had more than (say) 87% confidence. But in order to believe that one would presumably have to be highly confident in one’s belief about what information the jury had.
By the way, I should probably clarify that I don’t think the LW average of 87% probability of guilt for Guede at all means that he should have been acquitted. I attribute the low number to a lack of confidence due to not having delved sufficiently deeply into the case, as per the third point in my earlier comment.
One should only believe that a miscarriage of justice has occurred in his case if one believes that the jury should not have had more than (say) 87% confidence. But in order to believe that one would presumably have to be highly confident in one’s belief about what information the jury had.
I agree, for reasons outlined here. Like you, I’m speaking hypothetically.