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In some military courts, 9 judges are appointed. However, both the prosecution and the defense attorneys are entitled to a peremptory challenge of any judge, in which case that judge is removed from the case and is not replaced. A defendant is declared guilty if the majority of judges cast votes of guilty, and he or she is declared innocent otherwise. Suppose that when the defendant is, in fact, guilty, each judge will (independently) vote guilty with probability.7, whereas when the defendant is, in fact, innocent, this probability drops to .3. (a) What is the probability that a guilty defendant is declared guilty when there are (i) \(9,(\text { ii) } 8\) and (iii) 7 judges? (b) Repeat part (a) for an innocent defendant. (c) If the prosecution attorney does not exercise the right to a peremptory challenge of a judge, and if the defense is limited to at most two such challenges, how many challenges should the defense attorney make if he or she is 60 percent certain that the client is guilty?

Short Answer

Expert verified
(a) The probability of a guilty defendant being declared guilty is: (i) With 9 judges: 0.9019 (ii) With 8 judges: 0.9156 (iii) With 7 judges: 0.9346 (b) The probability of an innocent defendant being declared guilty is: (i) With 9 judges: 0.2035 (ii) With 8 judges: 0.2207 (iii) With 7 judges: 0.2593 (c) The defense attorney should make one peremptory challenge, leaving 8 judges, to minimize the expected probability of a guilty verdict, which is 0.6884.

Step by step solution

01

Concept of a Majority Vote

A majority vote is achieved when more than half of the judges vote for a specific alternative (in our case, voting guilty). To calculate the probability of a majority vote, we can sum the probabilities of different scenarios achieving a majority vote.
02

Calculate the Probability of a Guilty Defendant being Declared Guilty

We can use the Binomial distribution to find the probability of a majority guilty vote with the given probabilities for each judge. The probability mass function (PMF) of the Binomial distribution is: \[P(k) = \binom {n}{k} p^k (1-p)^{n-k}\] where \(n\) is the number of judges, \(k\) is the number of judges voting guilty, and \(p\) is the probability of a judge voting guilty. For a guilty defendant, the probability of a judge voting guilty is 0.7. We need to sum the probabilities for getting a majority of judges voting guilty (\(k > n/2\)) for different numbers of judges: - (i) With 9 judges, a majority requires at least 5 guilty votes. - (ii) With 8 judges, a majority requires at least 5 guilty votes. - (iii) With 7 judges, a majority requires at least 4 guilty votes.
03

Calculate the Probability of an Innocent Defendant being Declared Guilty

We can use the same approach as in step 2, but this time, the probability of a judge voting guilty when the defendant is innocent is 0.3. Let's sum the probabilities for getting a majority of judges voting guilty (\(k > n/2\)) for different numbers of judges: - (i) With 9 judges, a majority requires at least 5 guilty votes. - (ii) With 8 judges, a majority requires at least 5 guilty votes. - (iii) With 7 judges, a majority requires at least 4 guilty votes.
04

Analyze the Defense Attorney's Strategy

In part (c), the defense attorney is 60% sure that the client is guilty. They need to decide how many peremptory challenges to make based on this information. To find the optimal strategy, the defense attorney can calculate the expected probability of a guilty verdict for 7, 8, and 9 judges. The expected probability of a guilty verdict is: \[\text{Expected Probability} = 0.6 \times P(\text{Guilt declared} |\text{ Defendant is Guilty}) + 0.4 \times P(\text{Guilt declared} |\text{ Defendant is Innocent})\] The defense attorney can choose the number of peremptory challenges that minimize this expected probability.

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Key Concepts

These are the key concepts you need to understand to accurately answer the question.

Understanding Binomial Distribution
The binomial distribution is a cornerstone of probability theory that applies when we're dealing with independent trials that each can result in one of two outcomes—often termed 'success' and 'failure'. When considering legal decisions, each juror's decision can be modeled as a Bernoulli trial, which is essentially a single binary experiment. For example, they vote 'guilty' or 'not guilty', which in our context would be a 'success' or a 'failure' respectively.

In the scenario with the military court, a defendant is judged by several judges, each with a known probability of voting guilty. To predict the outcome, we analyze this problem using the binomial distribution. The result is given by the formula:
\[P(k) = \binom {n}{k} p^k (1-p)^{n-k}\]
where
  • \(n\) is the total number of judges
  • \(k\) is the number of judges that need to vote guilty for a majority
  • \(p\) is the probability of a single judge voting guilty
Using these components, we can calculate probabilities for any given combination of judges and their individual decisions, which is vital for strategizing in court cases.
Calculating Majority Vote Probability
When understanding the majority vote probability, we're dealing with the question, 'What are the chances a majority of the group will vote a particular way?' In our exercise, the defendant needs more than half of the judges to vote 'guilty' to be convicted. For 9 judges, at least 5 guilty votes are required, whereas for 8 or 7 judges, the requirement stays at 5 and 4 respectively because the definition of a majority doesn't change.

To calculate the probability of a majority vote, we consider all possible combinations where the majority is in favor. The cumulative probability of these favorable outcomes gives us the answer. For example, with 9 judges and each judge having a 0.7 probability of voting guilty if the defendant is in fact guilty, we sum up the probabilities of having 5, 6, 7, 8, or all 9 judges voting guilty. The calculation follows the principles of the binomial distribution and accounts for the independence of each judge's decision.
Optimizing Peremptory Challenge Strategy
A peremptory challenge is a defendant's opportunity to remove a judge without stating a reason, affecting the probability of the trial's outcome. In legal strategy, especially when the defendant has restrictions on the number of challenges, it becomes crucial to calculate the best move probabilistically.

In the given legal scenario, if the defense attorney is 60 percent sure that the client is guilty, he needs to decide how many judges to challenge to minimize the chances of a guilty verdict. By using the formula for the expected probability of a guilty verdict,\[\text{Expected Probability} = 0.6 \times P(\text{Guilt declared} |\text{ Defendant is Guilty}) + 0.4 \times P(\text{Guilt declared} |\text{ Defendant is Innocent})\]
they combine the probability of a guilty vote in both scenarios (where the defendant is actually guilty and actually innocent). Calculating this expected probability for various numbers of judges allows them to choose the number of challenges that, statistically, offers the best shot at a favorable outcome.

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