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People v. Collins, 68 Cal. 2d 319 (1968)
Author: Helper

Facts: D and his wife were convicted of 2nd degree burglary. At trial, the prosecutor had a math professor testified that if a woman with blonde hair and an African American man committed the crime (who witnesses state committed the burglary), then the probability of the ?’s committing the crime was overwhelming.  The prosecutor applied the product rule, which he concluded equaled a one in 12 million chance it was other ?s than the ones on trial.

Procedural History: a jury convicted the D’s of 2nd degree burglary.  This court reverses.

Issue: Whether introducing evidence of mathematical probability was properly executed by the prosecution therefore allowable in this proceeding?

Holding: No

Reasoning: The testimony greatly influenced the jury against the traditional means of deciding guilt or innocence, historically done by weighing the evidence (looking at credibility and probative value), not stats. Further, the testimony itself lacked foundation both in evidence and statistical theory primarily b/c the court found that by taking 6 individual factors of the D’s looks (factors the prosecution lumped together to get the 1 in 12 million stat) the chances of the D’s being the perpetrators was minimal.  In addition, the court notes the prosecutor doing the stats is not trained in such mathematics and therefore his calculations should not be used to influence the jury.

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