Computational Normative Decision Support Structures of Forensic Interpretation in the Legal Process

Biedermann A., Bozza S., Taroni F., Vuille J. 2020, Computational normative decision support structures of forensic interpretation in the legal process, SCRIPTed: A Journal of Law, Technology and Society, 17, 83–124, DOI:10.2966/scrip.170120.83.

42 Pages Posted: 27 Feb 2020

See all articles by Alex Biedermann

Alex Biedermann

University of Lausanne - Faculty of Law, Criminal Justice and Public Administration

S. Bozza

Ca Foscari University of Venice - Dipartimento di Economia

Franco Taroni

University of Lausanne - Faculty of Law, Criminal Justice and Public Administration

Joëlle Vuille

University of Fribourg

Date Written: January 28, 2020

Abstract

A broad range of questions at various instances in the legal process can be stated and analysed in terms of formal decision theoretic models, with results conveyed in graphical terms, such as decision trees. However, the real-world decision problems encountered by the participants of a legal process, including judges, prosecutors and attorneys, present challenging features, such as multiple competing propositions, variable costs and uncertain process outcomes. This complicates decision theoretic computations and the use of diagrammatic devices such as decision trees which mainly provide static views of selected features of a given problem. Yet, the issues are inherently dynamic, and the complexity of strategic planning and assessing legal tactics-given a party's standpoint-increases even further when considerations are extended to information provided by forensic science services. This is because introducing results of forensic examinations may impact on the probability of various trial outcomes and hence crucially impact on a party's interests. In this paper, we analyse and discuss examples of decision problems at the interface of the law and forensic science using influence diagrams (i.e., Bayesian decision networks). Such models, hereafter called normative decision support structures, can be operationally implemented through commercially and academically available software systems. These normative decision support structures represent core computational models that can be integrated as part of decision and litigation support systems, to help the participants of a legal process answer a variety of questions regarding complex strategic decisions.

Keywords: Decision theory, forensic science, dispute resolution, legal negotiation, Bayesian decision networks, normative decision policies, sequential decisions

Suggested Citation

Biedermann, Alex and Bozza, S. and Taroni, Franco and Vuille, Joëlle, Computational Normative Decision Support Structures of Forensic Interpretation in the Legal Process (January 28, 2020). Biedermann A., Bozza S., Taroni F., Vuille J. 2020, Computational normative decision support structures of forensic interpretation in the legal process, SCRIPTed: A Journal of Law, Technology and Society, 17, 83–124, DOI:10.2966/scrip.170120.83., Available at SSRN: https://ssrn.com/abstract=3528625

Alex Biedermann (Contact Author)

University of Lausanne - Faculty of Law, Criminal Justice and Public Administration ( email )

S. Bozza

Ca Foscari University of Venice - Dipartimento di Economia ( email )

Cannaregio 873
Venice, 30121
Italy

Franco Taroni

University of Lausanne - Faculty of Law, Criminal Justice and Public Administration ( email )

Joëlle Vuille

University of Fribourg ( email )

Avenue de l'Europe 20
CH-1700 Fribourg
Switzerland

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