Abstract

There has been a long history of discussion on the usefulness of formal methods in legal settings.1 Some of the recent debate has focussed on foundational issues in statistics, in particular, how the reference-class problem affects legal decisions based on certain types of statistical evidence.2 Here we examine aspects of this debate, stressing why the reference-class problem presents serious difficulties for the kinds of statistical inferences under consideration and the relevance of this for the use of statistics in the courtroom. We also consider the relevance of foundational statistical issues in the broader context of..