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For nearly twenty years, law journals have been the forum for a bitter debate about the use at trial of overtly probabilistic evidence and methods.'The debate embraces (and often confuses) at least three issues.The first issue is the appropriateness of allowing juries to base factual determinations, in whole or in part, on probabilities derived from base rate evidence.2 While some commentators generally support the use of base rate evidence at trial, 3 others argue that it is t JonathanJ.
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