During the O.J. Simpson trial, the prosecution made much of the fact that Simpson had a record of violence towards his wife. In response, Simpson’s legal team argued that, of all women subjected to spousal abuse, only one in 2,500 was subsequently killed by the abusive husband. It was hence implied that, since the ratio of abusers to killers was so high, any evidence about the accused’s prior violent behaviour was insignificant.
This sounds plausible. However, there is another way to consider the statistics. According to the German academic Gerd Gigerenzer, we are not trying to predict whether a husband will murder his wife: Simpson’s wife inarguably had been murdered, so instead, we should ask the question backwards: given that a battered wife has been murdered, what are the odds that the husband did it? Gigerenzer calculates that ‘the chances that a batterer actually murdered his partner, given that she has been first abused and then killed, is about eight in nine’.
This is a case where a statistical sleight of hand normally called ‘the prosecutor’s fallacy’ worked for the defence.
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