JoshuaZ comments on Open thread, October 2011 - Less Wrong
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On the Freakonomics blog, Steven Pinker had this to say:
I've seen a common theme on LW that is more or less "if the consequences are awful, the reasoning probably wasn't rational". Where do you think Pinker's analysis went wrong, if it did go wrong?
One possibility is that the utility function to be optimized in Pinker's example amounts to "convict the guilty and acquit the innocent", whereas we probably want to give weight to another consideration as well, such as "promote the kind of society I'd wish to live in".
The problem isn't using it as evidence. The problem is that it is extremely likely that humans will use such evidence in much greater proportion than is actually statistically justified. If juries were perfect Bayesians this wouldn't be a problem.
Yes indeed. And the same goes, by the way, for other kinds of rational evidence that aren't acceptable as legal evidence (hearsay, flawed forensics, coerced confessions, etc).