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Prosecutor's Fallacy

Also Known As: Transposing the conditional Base rate neglect in forensics
Aspect ID: prosecutors_fallacy

Definition

The prosecutor's fallacy involves confusing the probability of the evidence given innocence — P(evidence | innocent) — with the probability of innocence given the evidence — P(innocent | evidence). A DNA match with a 1-in-a-million coincidence probability does not mean there is only a 1-in-a-million chance the defendant is innocent, because it ignores how many people were in the suspect pool.

Examples

A forensic expert testifies that there is a 1-in-10-million chance that an innocent person would share the defendant's DNA profile. The prosecutor argues this means there is a 1-in-10-million chance the defendant is innocent. In a city of 3 million people, approximately 0.3 people would match by chance — making the coincidence less improbable than stated.

A statistician testifies that only 1 in 50,000 people have the same rare shoe size and tread pattern found at a crime scene. The prosecutor tells the jury: 'That means there's a 1 in 50,000 chance the defendant is innocent.' But in a city of 500,000 people, roughly 10 people share that profile — the evidence alone says nothing close to that about guilt.

A cybersecurity analyst finds that a server access pattern matches a known hacker's behavior with a probability of 0.002% for any random innocent user. The company's legal team argues this means there is a 0.002% chance the accused employee is innocent. They ignore that across millions of users worldwide, hundreds could produce the same pattern by chance.

Verification Steps
Verification Steps
Binary yes/no questions that an AI must answer to detect a reasoning pattern in a text.
Each of the 452 aspects has verification steps — simple yes/no questions designed to systematically detect whether a pattern appears in a text. For ad hominem: "Does the argument attack a person rather than their claim?" For false dichotomy: "Are only two options presented when more exist?" This ensures consistent, reproducible analysis.

Binary (yes/no) questions an LLM must answer to identify this aspect:

  1. 1

    Is a probability statement about evidence being confused with a probability statement about guilt or innocence?

    Type: binary
  2. 2

    Is P(evidence | hypothesis) being treated as equal to P(hypothesis | evidence)?

    Type: binary
  3. 3

    Does the argument ignore the base rate probability of the hypothesis?

    Type: binary
  4. 4

    Could Bayes' theorem be applied to reveal how the two probabilities differ?

    Type: binary
Deep Dive
The expandable detail section on each aspect page with examples, psychology, and counter-strategies.
The Deep Dive section provides in-depth information about each aspect: a real-world example showing the pattern in action, an explanation of why it works psychologically, practical advice on how to counter it, alternative names, and links to related aspects.