Tag Archives: UCL

One in five decisions by courts unsafe because of ‘misleading evidence’

This piece was originally published by The Justice Gap. A new analysis of close to a thousand Court of Appeal cases over the last seven years has found that more than one in five decisions by lower courts (22%) were argued unsafe because they contained misleading evidence. The University College London study, which looked at the transcripts of 996 cases, also revealed that more than three-quarters of successful appeals (76%) were based on reinterpretations of the same materials available in the original trial rather than new information. Scientists Nadine Smit, Ruth Morgan and David Lagnado maintained that when forensic evidence misled judges and juries, it did so because of a misinterpretation of its relevance, probative value or validity. Their paper called on lawyers and expert witnesses to bring more transparency to the relationship between evidence and hypothesis, taking care to avoid ‘an erroneous understanding of the evidential value of evidence’. Belief in a …