There’s one easy step I’d add for jury selection that would likely go a long way to helping. Add in tests to see if potential jurors are more likely to convict someone who is ugly. And have those people thrown out of the jury pool (part of me wants to have them shot but obviously that’s not actually a good result). There’s a lot of evidence that many jurors are more likely to convict people they find unattractive. See this article (I don’t unfortunately have access to the study in question at the moment). The good news is that the evidence suggests that this is very much dichotomous behavior with any given person either paying a lot of attention to looks or almost none. So getting rid of the people who are using looks will go a long way to solving the general problem.
Why just test for and throw out people subject to that particular bias? What about people biased against women, men, or various racial or ethnic groups as well? (We ask potential jurors about these biases, but we don’t test for them. We just trust them to tell us if they’re biased.)
And on that note I’ll add that the rational action for a potential juror is to signal bias that will cause them to be rejected and not subject to further interference with their life.
A biased prior may be quite rational. We should insist that jurors start from a statistically justifiable prior of guilt for cases taken to trial in each particular reference class (crime,race,sex,...)
So the government or the courts will be responsible for maintaining the official guidelines, saying things like “blacks are X% more likely to commit crimes, and if you disagree you can’t serve on a jury”? Yeah, that’s going to work.
I can see how you were confused, but I have a habit of making statements like “we should insist people believe X” without meaning that I favor enforcing actual laws mandating belief in X (because, as you suggest, it’s icky and impractical). What I meant is: I encourage people to behave rationally by believing X, and would like them to further encourage others.
Also, I suppose that if done well, such an instruction to jurors would be good. It’s not “blacks are X% more likely to commit”, it’s “of blacks brought to jury trial, they’re X% likely to be guilty on average” (or “they’re X% more likely guilty than all people brought to jury trial”, if you prefer, but that’s less informative.)
What I meant is: I encourage people to behave rationally by believing X, and would like them to further encourage others.
Either you have a way to actually get most people to believe in X, or the jury system fails in that respect.
There’s also room for bias in the selection of the reference class used. (All the numbers that follow are random.) A long-haired blonde man is brought to trial. On the one hand, men are 10% more likely than average to commit violent crime. But on the other hand blonde men are 13% less likely than average. But then, this is a truck driver, and they’re 25% more likely than average. But then, he grew up in Boston, and only 37% of accused Bostonites are convicted. But then...
“of blacks brought to jury trial, they’re X% likely to be guilty on average”
To be precise, they’re X% more likely to be found guilty on average. Which is not the same, in a relevant way.
Suppose you think there’s unfair bias against long-haired people in the courts today. If you use today’s statistics for conviction % of long-hairs accused, then you may perpetuate that bias. But where else do you get your prior?
I definitely don’t think the method of picking a single reference class is a good one. Many overlapping big and small classes aren’t a problem if you reason correctly.
Re: what if conviction rates are drastically unfair? That’s a good point. It’s definitely possible to prove that some people who were convicted are likely innocent (but not all of them, just those with e.g. exonerating DNA evidence). I suppose I assumed that the false-guilty rate in the US is less than 10%, but knowing that the false guilty for some privileged class (let’s say attractive white folk) is significantly lower, would mean that “X% likely to be guilty when tried” could only come from “X% found guilty when tried” after adjusting as much as possible for the difference in false-guilties and false-innocents.
I agree with you that it’s difficult to reason correctly. I’ll still encourage people to do so.
Yeah, that seems like a valid point. We also have tests that have been developed that will work for some racial issues. There are Stroop interference tests that detect racism pretty well.
There’s one easy step I’d add for jury selection that would likely go a long way to helping. Add in tests to see if potential jurors are more likely to convict someone who is ugly. And have those people thrown out of the jury pool (part of me wants to have them shot but obviously that’s not actually a good result). There’s a lot of evidence that many jurors are more likely to convict people they find unattractive. See this article (I don’t unfortunately have access to the study in question at the moment). The good news is that the evidence suggests that this is very much dichotomous behavior with any given person either paying a lot of attention to looks or almost none. So getting rid of the people who are using looks will go a long way to solving the general problem.
Why just test for and throw out people subject to that particular bias? What about people biased against women, men, or various racial or ethnic groups as well? (We ask potential jurors about these biases, but we don’t test for them. We just trust them to tell us if they’re biased.)
And on that note I’ll add that the rational action for a potential juror is to signal bias that will cause them to be rejected and not subject to further interference with their life.
Unless you want to be a juror, in which case the rational action is to not signal bias.
A biased prior may be quite rational. We should insist that jurors start from a statistically justifiable prior of guilt for cases taken to trial in each particular reference class (crime,race,sex,...)
If you’re too unbiased, you’re not rational.
There’s a problem with choosing reference classes, though. Do you consider the person’s name? The clothes they’re wearing that day? The way they walk?
So the government or the courts will be responsible for maintaining the official guidelines, saying things like “blacks are X% more likely to commit crimes, and if you disagree you can’t serve on a jury”? Yeah, that’s going to work.
I can see how you were confused, but I have a habit of making statements like “we should insist people believe X” without meaning that I favor enforcing actual laws mandating belief in X (because, as you suggest, it’s icky and impractical). What I meant is: I encourage people to behave rationally by believing X, and would like them to further encourage others.
Also, I suppose that if done well, such an instruction to jurors would be good. It’s not “blacks are X% more likely to commit”, it’s “of blacks brought to jury trial, they’re X% likely to be guilty on average” (or “they’re X% more likely guilty than all people brought to jury trial”, if you prefer, but that’s less informative.)
Either you have a way to actually get most people to believe in X, or the jury system fails in that respect.
There’s also room for bias in the selection of the reference class used. (All the numbers that follow are random.) A long-haired blonde man is brought to trial. On the one hand, men are 10% more likely than average to commit violent crime. But on the other hand blonde men are 13% less likely than average. But then, this is a truck driver, and they’re 25% more likely than average. But then, he grew up in Boston, and only 37% of accused Bostonites are convicted. But then...
To be precise, they’re X% more likely to be found guilty on average. Which is not the same, in a relevant way.
Suppose you think there’s unfair bias against long-haired people in the courts today. If you use today’s statistics for conviction % of long-hairs accused, then you may perpetuate that bias. But where else do you get your prior?
I definitely don’t think the method of picking a single reference class is a good one. Many overlapping big and small classes aren’t a problem if you reason correctly.
Re: what if conviction rates are drastically unfair? That’s a good point. It’s definitely possible to prove that some people who were convicted are likely innocent (but not all of them, just those with e.g. exonerating DNA evidence). I suppose I assumed that the false-guilty rate in the US is less than 10%, but knowing that the false guilty for some privileged class (let’s say attractive white folk) is significantly lower, would mean that “X% likely to be guilty when tried” could only come from “X% found guilty when tried” after adjusting as much as possible for the difference in false-guilties and false-innocents.
I agree with you that it’s difficult to reason correctly. I’ll still encourage people to do so.
I doubt you’d have any jurors left if you remove everyone who is subject to any bias.
I think it would be more effective to obscure the features of the accused during the trial.
Yeah, that seems like a valid point. We also have tests that have been developed that will work for some racial issues. There are Stroop interference tests that detect racism pretty well.