Individual bias isn't great either, but at least...
I think this is a legitimate but small concern.
If half of all judges at each level were former prosecutors and half former defense attorneys, half of those who had a trial and one level of appeal would face the same bias at each step (assuming even promotion, and unless this was specifically corrected for).
A more fair system than evening out representation would be embracing a type of bias and having formal rules counteracting that, e.g. have all judges be former prosecutors and have a set of judicial ruels favoring defendants.
I think it likely you are being blinded to the gross unfairness of having an individual tried under a former defense attorney when the rules are written with no regard for bias or assuming the average judicial bias is in favor of the prosecutor, or under a former prosecutor even if half of all judges are former defense attorneys, by the legitimate point that fairness would be increased if each defendant had at most one of each type between trial and appeal.
This is especially true considering how much less important appeal is than an original trial.
Continuing my interest in tracking real-world predictions, I notice that the recent acquittal of Knox & Sollecito offers an interesting opportunity - specifically, many LessWrongers gave probabilities for guilt back in 2009 in komponisto’s 2 articles:
Both were interesting exercises, and it’s time to do a followup. Specifically, there are at least 3 new pieces of evidence to consider:
Point 2 particularly struck me (the press attributes much of the acquittal to the expert report, an acquittal I had not expected to succeed), but other people may find the other 2 points or unmentioned news more weighty.
2 Probabilities
I was curious how the consensus has changed, and so, in some spare time, I summoned all the Conscientiousness I could and compiled the following list of 54 entries based on those 2 articles’ comments (sometimes inferring specific probabilities and possibly missing probabilities given in hidden subthreads), where people listed probabilities for Knox’s guilt, Sollecito’s guilt, and Guede’s guilt:
It’s interesting how many people assign a high-probability to Knox being guilty; I had remembered LW as being a hive of Amanda fans, but either I’m succumbing to hindsight bias or people updated significantly after those articles. (For example, Eliezer says .15 is too high, but doesn’t seem otherwise especially convinced; and later one reads in Methods of Rationality that "[Hagrid] is the most blatantly innocent bystander to be convicted by the magical British legal system since Grindelwald's Confunding of Neville Chamberlain was pinned on Amanda Knox.")
EDIT: Jack graphed the probability against karma:
2.1 Outliers
If we look just at >41% (chosen to keep contacts manageable), we find 12 entries out of 54:
I have messaged each of them, asking them to comment here, describing if and how they have since updated, and any other thoughts they might have. (I have also messaged the first 12 commenters or so, chronologically, with <41% confidence in Knox’s guilt, with the same message.) The commenters:
AngryParsley / Cyan / Daniel_Burfoot / Eliezer_Yudkowsky / GreenRoot / John_Maxwell_IV / LauraABJ / Mario / Matt_Simpson / Morendil / Psychohistorian / Shalmanese / Threads / Unknowns / badger / bentarm / bgrah449 / bigjeff5 / brazil84 / dilaudid / jimmy / kodos96 / lordweiner27 / mattnewport / nerzhin / tut
I look forward to seeing their retrospectives, or indeed, anyone's retrospectives on the matter.