Under ancient Jewish law, if a suspect on trial was unanimously found guilty by all judges, then the suspect was acquitted. This reasoning sounds counterintuitive, but the legislators of the time had noticed that unanimous agreement often indicates the presence of systemic error in the judicial process, even if the exact nature of the error is yet to be discovered. They intuitively reasoned that when something seems too good to be true, most likely a mistake was made.
In a new paper to be published in The Proceedings of The Royal Society A, a team of researchers, Lachlan J. Gunn, et al., from Australia and France has further investigated this idea, which they call the “paradox of unanimity.”
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The researchers demonstrated the paradox in the case of a modern-day police line-up, in which witnesses try to identify the suspect out of a line-up of several people. The researchers showed that, as the group of unanimously agreeing witnesses increases, the chance of them being correct decreases until it is no better than a random guess.
In police line-ups, the systemic error may be any kind of bias, such as how the line-up is presented to the witnesses or a personal bias held by the witnesses themselves. Importantly, the researchers showed that even a tiny bit of bias can have a very large impact on the results overall. Specifically, they show that when only 1% of the line-ups exhibit a bias toward a particular suspect, the probability that the witnesses are correct begins to decrease after only three unanimous identifications. Counterintuitively, if one of the many witnesses were to identify a different suspect, then the probability that the other witnesses were correct would substantially increase.
“Look, look!” recites the crowd. “A horse with an arrow in its forehead! It must have been mistaken for a deer.”
-Tom Stoppard, Rosencrantz and Guildenstern are Dead
Kimchi and Justice 