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Drunkard's Walk - Leonard Mlodinow [61]

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probability was about 90 percent, and the median estimate was 70 percent. In the American group, 95 out of 100 physicians estimated the probability to be around 75 percent.

Similar issues arise in drug testing in athletes. Here again, the oft-quoted but not directly relevant number is the false positive rate. This gives a distorted view of the probability that an athlete is guilty. For example, Mary Decker Slaney, a world-class runner and 1983 world champion in the 1,500 and 3,000 meter race, was trying to make a comeback when, at the U.S. Olympic Trials in Atlanta in 1996, she was accused of doping violations consistent with testosterone use. After various deliberations, the IAAF (known officially since 2001 as the International Association of Athletics Federations) ruled that Slaney “was guilty of a doping offense,” effectively ending her career. According to some of the testimony in the Slaney case the false-positive rate for the test to which her urine was subjected could have been as high as 1 percent. This probably made many people comfortable that her chance of guilt was 99 percent, but as we have seen that is not true. Suppose, for example, 1,000 athletes were tested, 1 in 10 was guilty, and the test, when given to a guilty athlete, had a 50 percent chance of revealing the doping violation. Then for every thousand athletes tested, 100 would have been guilty and the test would have fingered 50 of those. Meanwhile, of the 900 athletes who are innocent, the test would have fingered 9. So what a positive-doping test really meant was not that the probability she was guilty was 99 percent, but rather 50/59 = 84.7 percent. Put another way, you should have about as much confidence that Slaney was guilty based on that evidence as you would that the number 1 won’t turn up when she tossed a die. That certainly leaves room for reasonable doubt, and, more important, indicates that to perform mass testing (90,000 athletes have their urine tested annually) and make judgments based on such a procedure means to condemn a large number of innocent people.9

In legal circles the mistake of inversion is sometimes called the prosecutor’s fallacy because prosecutors often employ that type of fallacious argument to lead juries to convicting suspects on thin evidence. Consider, for example, the case in Britain of Sally Clark.10 Clark’s first child died at 11 weeks. The death was reported as due to sudden infant death syndrome, or SIDS, a diagnosis that is made when the death of a baby is unexpected and a postmortem does not reveal a cause of death. Clark conceived again, and this time her baby died at 8 weeks, again reportedly of SIDS. When that happened, she was arrested and accused of smothering both children. At the trial the prosecution called in an expert pediatrician, Sir Roy Meadow, to testify that based on the rarity of SIDS, the odds of both children’s dying from it was 73 million to 1. The prosecution offered no other substantive evidence against her. Should that have been enough to convict? The jury thought so, and in November 1999, Mrs. Clark was sent to prison.

Sir Meadow had estimated that the odds that a child will die of SIDS are 1 in 8,543. He calculated his estimate of 73 million to 1 by multiplying two such factors, one for each child. But this calculation assumes that the deaths are independent—that is, that no environmental or genetic effects play a role that might increase a second child’s risk once an older sibling has died of SIDS. In fact, in an editorial in the British Medical Journal a few weeks after the trial, the chances of two siblings’ dying of SIDS were estimated at 2.75 million to 1.11 Those are still very long odds.

The key to understanding why Sally Clark was wrongly imprisoned is again to consider the inversion error: it is not the probability that two children will die of SIDS that we seek but the probability that the two children who died, died of SIDS. Two years after Clark was imprisoned, the Royal Statistical Society weighed in on this subject with a press release, declaring that the jury’s decision

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