[HN Gopher] Should a dog's sniff be enough to convict a person f...
       ___________________________________________________________________
        
       Should a dog's sniff be enough to convict a person for murder?
        
       Author : pseudolus
       Score  : 130 points
       Date   : 2021-10-28 16:48 UTC (2 days ago)
        
 (HTM) web link (www.science.org)
 (TXT) w3m dump (www.science.org)
        
       | ClumsyPilot wrote:
       | "They asked 554 mock jurors to read a story about a dog detecting
       | the odor of drugs on a suspect's car even though a later search
       | turned up cash but no evidence of illegal activity. Lit says the
       | scenario was meant to sound preposterous. Nonetheless, two-thirds
       | of jurors surveyed said they would have found the suspect
       | guilty."
       | 
       | There is a real problem right there. Looks like you could get a
       | conviction based on a fortune teller.
        
         | cm2187 wrote:
         | Though that's without the defence having a chance to tell the
         | jury why they should disregard that fact.
         | 
         | But in the end, I don't think judges are doing any better. The
         | only reason the justice system works is because the vast
         | majority of cases aren't very complicated and have physical
         | evidence. Colombo-style crime mystery is fairly rare.
        
         | lettergram wrote:
         | This is why they have an entire field focusing on finding
         | unbiased juries. They conduct interviews, etc
        
           | vkou wrote:
           | Unbiased relative to the background level of nonsense that
           | the general public believes?
           | 
           | Or unbiased relative to some platonic ideal of a jury?
        
           | pessimizer wrote:
           | That's not why attorneys interview jurors. They're trying to
           | find jurors who are biased but not biased enough to
           | retrospectively throw the entire trial into question.
        
         | taneq wrote:
         | If you'd spent the last 40 years telling jurors that fortune
         | tellers were the gold standard for detecting drug mules then
         | yeah. The issue is that we've been sold the idea that drug dogs
         | are effective, not that jurors are gullible.
        
           | ClumsyPilot wrote:
           | "The issue is that we've been sold the idea that drug dogs
           | are effective, not that jurors are gullible."
           | 
           | But we know that they are gullible, they take police as a
           | trustworthy source of information and assume police would not
           | mislead them. Nimerous studies have shown that.
        
           | chmod600 wrote:
           | And we believe that dogs are noble beyond any doubt. But
           | maybe the dog just wants the handler to smile, take her home,
           | and give her a steak?
        
         | giantg2 wrote:
         | That's because society, the courts, etc believe people are
         | guilty before it is proven. And "reasonable" doubt is basically
         | whatever they say it is, which is often unreasonable.
         | 
         | Innocent until proven guilty is a cruel joke.
        
         | biofox wrote:
         | To me, it just highlights that there really ought to be some
         | basic comprehension and reasoning test for jurors.
        
           | MomoXenosaga wrote:
           | I disagree with the jury system but as I understand it
           | American jurors are supposed to reflect society.
           | 
           | If you only want smart people you leave it to the judge.
        
             | caymanjim wrote:
             | You have the right to _not_ have a jury. There are some
             | downsides. It 's harder to win an appeal; jury
             | nullification is off the table; plenty of judges are biased
             | or uninformed. Your lawyer can't manipulate a judge as
             | easily as a jury. Still, if I had to defend myself against
             | some emotionally charged claim whose defense relied on
             | legal technicalities, I might prefer a bench trial to a
             | bunch of idiots who couldn't get out of jury duty. If the
             | potential jury of "my peers" were going to be biased
             | against me for reasons of religion or race or culture, I'd
             | be more inclined to let a judge decide.
        
               | kevin_thibedeau wrote:
               | What we need is a right to a multi-judge tribunal.
        
               | caymanjim wrote:
               | Agreed, although impractical due to a shortage of judges.
               | You shouldn't have to rely on making it to an appeals
               | panel to have your fate decided by more than the whims of
               | a single person.
        
               | reddog wrote:
               | > a bunch of idiots who couldn't get out of jury duty
               | 
               | Maybe they are not idiots, just regular folks who take
               | their civic duty seriously.
        
               | caymanjim wrote:
               | Yeah, that was too dismissive. I do think there's a
               | problem with juries in that the pool of people is
               | narrowed to those who both want to and are able to serve.
               | Some jobs will pay employees who have jury duty, but many
               | will not. Some people have backup caregivers for their
               | dependents, but many don't. I'm not interested enough to
               | look for statistics on it, but I would be surprised if
               | juries aren't primarily composed of a narrow subset of
               | social classes, like upper middle class professionals,
               | retired people, the childless, and the unemployed, or
               | some similar categories. It should be hard to get out of
               | serving and jurors should be compensated in a way that
               | eliminates the financial burden without becoming an
               | incentive in itself.
        
               | ipaddr wrote:
               | Do you really want to force people to make a decision?
               | They will try to end the case as soon as possible correct
               | outcome or not.
        
               | ipaddr wrote:
               | From my experience some people just want to convict and
               | are happy to have the power to punish. Most want to get
               | out of there. You might get someone trying to find
               | anything not to convict. What you end up with is some
               | people happy to not work, others eager to close the case
               | because they are not getting paid.
               | 
               | Personal feelings decide outcomes. I know this person is
               | not guilty but this guy who loves the free lunches won't
               | ever change his mind and I am worried about my mortgage.
        
               | pessimizer wrote:
               | Just regular retired folks and folks with government jobs
               | that pay folks who are on jury duty.
        
               | threatofrain wrote:
               | But now you have to model a judge's incentives to
               | cooperate with the justice system, given that the DA's
               | office and the police have worked to bring a case this
               | far.
        
             | scotty79 wrote:
             | What's worse is that judges are elected and it creates
             | perverse incentives.
        
             | dTal wrote:
             | In fact jury selection is notorious for discarding
             | potential jurors with intelligence, critical thinking,
             | legal awareness, or domain expertise. Jurors reflect the
             | part of society least qualified to be making these
             | decisions.
             | 
             | Attorneys do not want thinkers, they want predictable cogs
             | in the court machine.
        
               | parineum wrote:
               | > In fact jury selection is notorious for discarding
               | potential jurors with intelligence, critical thinking,
               | legal awareness, or domain expertise. Jurors reflect the
               | part of society least qualified to be making these
               | decisions.
               | 
               | Jurors get dismissed based on whether or not one side
               | feels they decide in their favor or not. That's it.
        
               | Buttons840 wrote:
               | When there's no agreement I suspect the less educated are
               | favored though.
               | 
               | I'd believe a juror getting dismissed for knowing
               | statistics and being persuadable by logical arguments,
               | before I'd believe a juror being dismissed for being in a
               | demographic who favors police and emotional arguments.
        
               | oceanghost wrote:
               | Just _mentioning_ FIJA can be enough to land you in jail.
        
             | dls2016 wrote:
             | About those judges...
        
           | boomboomsubban wrote:
           | So do you think it's completely impossible that you would be
           | part of the 2/3rd that found the fake suspect guilty? I don't
           | think basic comprehension or reasoning prevent you from
           | falling for these kinds of arguments, and rather than try to
           | limit possible jurors we should just bar unscientific
           | evidence.
        
             | giantg2 wrote:
             | Who makes the rules for the aptitude? Who decides if it's
             | scientific or not, and what the limit is (p .1 or .001,
             | study design, etc)?
             | 
             | The people running the system makes the rules. The general
             | attitude is to treat the law enforcement side more
             | favorably than the defendant, to the point that they are
             | basically assumed guilty from the start.
        
           | clairity wrote:
           | you've just failed your own test, since you don't understand
           | how and why a jury works. if you did, you'd comprehend that
           | the better solution is expanding juries, not testing jurors.
           | i'll let you work out why that would be the case, and perhaps
           | come up with an even better option as a result.
        
           | [deleted]
        
           | annoyingnoob wrote:
           | I sat in court once for 3 days as a potential juror. I was
           | the last person that was not selected for the jury. There is
           | a process like what you describe called voir dire. Both sides
           | have an opportunity to interview jurors and can ask to
           | eliminate some. In the case I watched there was a potential
           | juror that had recently become a citizen and was very
           | interested in being a juror, but she was also not a native
           | English speaker and was clearly not following everything that
           | was going on - both sides wanted her gone right away.
           | 
           | You still get a jury of citizens from the local community,
           | which is the point.
        
             | zamadatix wrote:
             | The process is a good one but it's not like what was
             | described. Each side gets a chance to remove some jurors,
             | not a chance to insure all jurors in the pool meet a
             | criteria, and removal is based on how much the attorney
             | thinks you'll hurt their chances not based on if you'll be
             | able to accurately interpret the case. I was also the last
             | person struck in a case involving IT once the prosecuting
             | side found out I worked in IT. Looking at the case results
             | the prosecution lost the case for reasons that would be
             | apparent to anyone that understood how IT systems worked.
             | 
             | To be clear I think the selection process is a good one (or
             | at least I think it's better than other options I've heard)
             | it's just not the same thing as the GP was proposing.
        
               | annoyingnoob wrote:
               | I disagree, both sides have the opportunity to ask
               | potential jurors a lot of questions. The answers to those
               | questions can clearly illuminate someone's comprehension
               | and reasoning - they definitely did in my experience. Now
               | each side does not necessarily get all of the
               | eliminations that they want but that is part of the
               | process.
               | 
               | The case I watched was a domestic violence case. Both
               | sides were asking potential jurors about their knowledge
               | of bruising and the way bruises change/develop over time.
               | One of the potential jurors was an older Engineer from an
               | aerospace company you've heard of, his answer included
               | explaining that the most interesting problems that he
               | deals with include how one handles the unknowns of a
               | given project/situation. He gave a clear indication of
               | his reasoning and thought process, the prosecution
               | dropped him like a hot rock.
               | 
               | Its not a jury of your peers if its a jury of only the
               | sharpest or most educated people.
        
               | LocalH wrote:
               | If you ask me, neither the prosecutor nor the defense
               | attorney should be the ones striking jurors. I don't have
               | a full solution to that, either, but it seems like voir
               | dire is one way attorneys try to stack the deck, often
               | times by excluding the most qualified jurors.
               | 
               | But, I agree - it must first and foremost be a jury _of
               | the accused 's peers_ - but that doesn't mean "man on the
               | street style average joe" necessarily.
        
               | taneq wrote:
               | > Its not a jury of your peers if its a jury of only the
               | sharpest or most educated people.
               | 
               | I think the 'jury of your peers' thing is meant to be in
               | the sense of 'all men are created equal'. They don't, I
               | presume, intelligence test the defendant and if they
               | score lowly, screen the jury to admit only dumbasses.
        
               | annoyingnoob wrote:
               | The op was advocating for 'basic comprehension and
               | reasoning test' which I think voir dire covers and in my
               | experience did cover. The current process is more about
               | eliminating bias than screening for intelligence, which
               | seems right.
               | 
               | I think a jury should be representative of the community,
               | all of the community.
        
               | sokoloff wrote:
               | If the case is engineering-heavy, I'd expect [at least]
               | one side to bias the jury away from containing
               | engineers/scientists. If it's heavily reliant on medical
               | testimony, at least one side will try to exclude doctors,
               | etc.
               | 
               | I think that's inherent in the adversarial system (where
               | each lawyer is advocating for their client's interests),
               | but I also think it sucks.
        
               | zamadatix wrote:
               | First to separate the disagreements. You open by
               | disagreeing that the process requiring jurors to pass a
               | certain comprehension level doesn't exist today and close
               | by disagreeing that the current "jury of your peers"
               | process shouldn't be such a thing. Apart from being self
               | conflicting claims (it can't both be the process used
               | today and be against the process used today) they are 2
               | separate discussions.
               | 
               | In regards to the first disagreement GPs proposal wasn't
               | "a process that optionally allows an attorney to strike
               | some jurors they find have low comprehension" it was
               | "there really ought to be some basic comprehension and
               | reasoning test for jurors." as in a hard requirement to
               | have some level of comprehension regardless if the
               | attorneys wish to strike a juror based on this fact.
               | 
               | In regards to the second disagreement you aren't
               | guaranteed to a jury of your peers in the US you are
               | guaranteed to an impartial jury. Jury of your peers was
               | part of common law and guaranteed e.g. high class people
               | would only have juries of other high class people and is
               | not part of US law. A "special" or "blue ribbon" jury
               | like the GP proposed are allowed to been used as deemed
               | necessary by the court in many states and actually by the
               | Supreme Court itself in it's only jury trial (they drew
               | from a pool of merchants) they are just not mandated for
               | every trial.
               | 
               | Again I do side with your opinion that special juries
               | shouldn't be the default but that's not what is under
               | question.
        
               | annoyingnoob wrote:
               | Where I live, the state/county defines eligible jurors as
               | registered voters and/or licensed drivers over 18. So
               | 'peers' meaning eligible voters in your community/county.
               | And yes, the system is rightly more about eliminating
               | bias. The process of voir dire is the opportunity for
               | both sides to apply their own test. Also for special
               | cases, and even not so special cases, jury questionnaires
               | are an option[0]. These jury questionnaires can ask all
               | kinds of questions to uncover bias and certainly involve
               | basic comprehension.
               | 
               | [0] https://en.wikipedia.org/wiki/Jury_questionnaire
        
               | zamadatix wrote:
               | That is likely how your state selects jurors but again
               | it's not because you have a right to a jury of your peers
               | (for any definition of peers). In the US the only right
               | is to an impartial jury, which is indeed what voir dire
               | tries to do, which has been ruled to be possible even
               | with pre-filtering the juror pool.
               | 
               | Jury questionnaires are made to provide a background for
               | the attorneys during voir dire not as an aptitude test,
               | as such they do not have an objective pass/fail score
               | rather subjective information to allow attorneys to try
               | to form the most impartial jury they can out of the pool.
               | While the attorney could try to make an assumption of
               | comprehension level based on the responses in the
               | questionnaire
               | 
               | 1) The attorney still has to consider lack of
               | comprehension a negative thing for their chances at the
               | case
               | 
               | 2) The attorney has to be willing to use strikes for this
               | reason vs other uses such as removing blatantly biased
               | jurors
               | 
               | 3) Even when both of the prior hold true the number of
               | perceived "fails" may be higher than the number of
               | allowed strikes. Therefore the ability to strike some
               | from the pool for comprehension level is not the same as
               | the pool being pre filtered for comprehension level.
               | 
               | To be clear the GP proposal is the universal application
               | an additional comprehension test one has to pass to be
               | part of the pool prior to voir dire, not just that
               | someone with low comprehension is allowed to be struck
               | for that reason.
               | 
               | Think of the proposal being like if your state randomly
               | chose anybody instead of pre-filtering for eligible
               | voters and GP proposed "we should filter out children and
               | etc from the pool" with your response being "voir dire
               | does that". Voir dire in that case may allow for the
               | possibility of some of those people being filtered at the
               | cost of a less filtered qualified jury of adults but it
               | wouldn't be a replacement for pre-filtering. The same is
               | true of the proposal on a minimum comprehension pre-
               | filter, whether you agree with the pre-filter or not it's
               | not the same as having the ability to filter some people
               | in voir dire.
        
               | DaiPlusPlus wrote:
               | > Looking at the case results the prosecution lost the
               | case for reasons that would be apparent to anyone that
               | understood how IT systems worked.
               | 
               | Can you share any details, even in a very abstract way,
               | on what it was?
               | 
               | I'm curious as to how weak their case was - because if it
               | was something as asinine as thinking that filesystem file
               | modification dates are trustworthy or that any activity
               | in the Windows Event log proves that a human user was
               | physically sat at the machine then I'd like to know why
               | the prosecution didn't have someone on their side to tell
               | them they didn't have a case so they wouldn't waste time
               | with a trial?
        
             | nobodyandproud wrote:
             | > In the case I watched there was a potential juror that
             | had recently become a citizen and was very interested in
             | being a juror, but she was also not a native English
             | speaker and was clearly not following everything that was
             | going on
             | 
             | Trust the system.
             | 
             | Give her a few more years. The good ol' US of A will make
             | her a jury-duty dodging, full-blooded American out of her.
             | 
             | Tongue-in-cheek aside I've disappointed not to be selected
             | for jury duty thus far.
        
           | refurb wrote:
           | So I sat on a 6 week felony jury and had low expectations but
           | was pleasantly surprised - fellow jurors took it very
           | seriously, the judges instructions are clear and written at a
           | layman's level and the "presumption of innocence" dominated.
           | 
           | Anecdotal but it really gave me faith that juries do a pretty
           | good job.
        
             | atkailash wrote:
             | My experience was kinda opposite. I felt they didn't quite
             | understand "shadow of a doubt". Different type of case but
             | it made me distrust juries even more than I had. I
             | 
             | Though I will say the lawyers did a decent job picking the
             | jury. It was fairly diverse. But I don't think we're taught
             | as a society the necessary skills to serve on a jury.
        
             | jrockway wrote:
             | I was on a grand jury and we were all a very cynical bunch.
             | They presented a bunch of cases that boiled down to "person
             | we don't like talked back to the police" and our jury
             | refused to indict them. In one case, it was painfully
             | obvious that the police officers testifying were flat-out
             | lying. Their story changed from sentence to sentence. I
             | think even the prosecutor thought that continuing to
             | prosecute this particular case would be a career killer.
             | 
             | Eventually the ADAs caught on that our group asked too many
             | questions, and just carefully ran out the clock on our two
             | week grand jury session. Cases we were halfway through
             | hearing mysteriously disappeared. Apparently the other two
             | juries that met during our two week cycle had to stay late
             | every day, while we got dismissed early.
             | 
             | It's one of those things where the system is designed to be
             | good (23 randos get to decide if the cops are full of shit
             | before you even get indicted, and you don't have to be very
             | smart to see that sometimes the cops are full of shit), but
             | The System turned it into something bad for no good reason.
             | I guess if people aren't committing felonies, we don't need
             | assistant district attorneys, and then the people that
             | already do that job have their career progress reset. So
             | they are forced to play into a broken system and make up
             | very tenuous felonies for their own personal career gain.
             | It's sad. Someone should do something about that.
             | 
             | (I wonder if there should be an after-the-fact non-binding
             | review board. Look at all the cases that were prosecuted
             | over a given year, and just have a group of experts gut-
             | check them. If a lot of cases seem like bullshit, dock the
             | numbers for the DA's office so they suffer at election
             | time.)
        
               | Buttons840 wrote:
               | The fact that your joury went home early while others
               | stayed late, is this information available to the
               | defense?
        
               | jrockway wrote:
               | Probably not. It operates as an on-call sort of thing.
               | You show up when you're summoned and sit in a room until
               | there are details of a case to present. You hear maybe 20
               | minutes of testimony for a case, sit around for 2 hours,
               | then hear 10 minutes of another case, etc. for 8 hours a
               | day for two weeks. At some point, there is enough
               | evidence to vote. (I actually don't remember the exact
               | process there. I think the ADA leaves the room, and some
               | number of people have to vote to indict, and then we fill
               | out a piece of paper with the results. I wasn't the
               | person that actually filled out the paper, I was just the
               | backup if that person was absent, which they never were.)
               | 
               | All the grand jury members are ordinary citizens with no
               | special education or training. The state sends you a
               | letter, you show up at the time and place they say, and
               | there is no "jury selection" that excludes jurors. You're
               | truly just a pool of random people from the county.
               | 
               | (This is the New York State system. The federal system is
               | different. And some states don't even have grand juries.
               | It's kind of an unusual thing.)
               | 
               | To more directly answer what you're getting at; yes, I
               | felt like something a little fishy was going on. It is
               | all conjecture from chatting with the other members of
               | the jury while sitting around bored for 8 hours a day.
               | Some of them were very good at collecting information
               | about what goes on behind the scenes. The cases should
               | probably be randomly load-balanced between juries,
               | without the prosecutor knowing that one of them has
               | difficult people on it. I would venture a guess that
               | there are rules around this, and then there are "the
               | rules" on how it's done in real life, and people are
               | generally fine with "the rules". So it goes. Ultimately,
               | the grand jury is the people's power over prosecutorial
               | aggression. You, as one of those people, have to decide
               | what to push for and how the jury should be run. My group
               | had a lot of people in it that very strongly pushed back
               | against the power of the state. Some other groups might
               | not have that. That's the luck of the draw, I suppose.
               | 
               | I'll also say that we were not being difficult for the
               | sake of being difficult. They presented some cases that
               | were very clear-cut, and we easily agreed to indict based
               | on the evidence that was shown.
        
           | AlbertCory wrote:
           | To me, it just highlights that if you've never served on a
           | jury, your opinion is merely prejudice against those who are
           | (presumably) less credentialed than you are.
        
           | pfortuny wrote:
           | A jury of peers is a jury of citizens with no regard to their
           | upbringing, education, rece, religion, or any other thing.
           | Citizens.
        
         | throwaway0a5e wrote:
         | I would really like to see a much bigger juror pool and results
         | sorted by on zip code.
         | 
         | I suspect I can do an ok job predicting relative conviction
         | rates based on well known location and demographic based
         | stereotypes of authoritarian tendencies and attitudes toward
         | drug use.
        
           | bumby wrote:
           | Would this change if instead of a drug charge it was a murder
           | charge as in the article?
        
         | HenryKissinger wrote:
         | People trust dogs too much.
         | 
         | Dogs are friendly and make good pets and all but people need to
         | draw a line.
        
           | Ensorceled wrote:
           | "My dog would never bite. He just snarls and snaps like that
           | when he's nervous."
           | 
           | "My dog is a good dog at heart, but she's a rescue so you
           | have to make allowances."
           | 
           | "My dog is only growling because you are showing fear."
           | 
           | "If you got bit, you must have done something to the dog. No
           | dog bites without good reason."
           | 
           | People "trust" dogs to a ludicrous degree, even dogs that
           | clearly can't be trusted.
        
             | Spivak wrote:
             | I don't even like dogs and I think you're being
             | uncharitable to what are complex living beings with
             | histories and trauma just like humans. For bad but obvious
             | reasons we have different levels of empathy toward
             | different trauma responses. A child who freezes or fawns
             | will get love and support while someone who lashes out or
             | has emotional episodes will be called a bad kid or crazy
             | when they need love and support too.
             | 
             | You don't have to ever consider the behavior acceptable and
             | it's never your job in particular to deal with it or be
             | around them but that doesn't mean that the owner's empathy
             | is invalid. And it sucks when owners are unwilling or
             | incapable of helping their dog. But they're also right --
             | dogs really don't bite for no reason.
        
               | Ensorceled wrote:
               | > I don't even like dogs and I think you're being
               | uncharitable to what are complex living beings with
               | histories and trauma just like humans.
               | 
               | Actually it's the exact opposite. We reduce these complex
               | living beings to a "all dogs are good, only people are
               | bad".
               | 
               | > But they're also right -- dogs really don't bite for no
               | reason.
               | 
               | People don't assault and kill for no reason either,
               | doesn't mean their victims, or the person bitten by the
               | dog is at fault.
               | 
               | DDG "dog kills child" and come back to this thread.
        
             | kapp_in_life wrote:
             | Whenever someone says crap like this to me I feel sorry for
             | the dog because its clearly poorly socialized and thats
             | entirely the blame of the owner.
        
               | Ensorceled wrote:
               | Yep. Our weekly long run takes us through an off leash
               | park, never had an issue with literally dozens of dogs
               | every run. Dogs are all socialized; running around,
               | chasing each other, running beside us, barking happily.
               | 
               | All my unpleasant dog encounters have been with people
               | who can't take their dog to the off leash park ...
        
               | Taywee wrote:
               | That's reductive. Dogs have a surprising degree of
               | individuality, intelligence, and personality. There are
               | dogs with anxiety disorders, psychological disorders,
               | attention disorders, and other issues that aren't
               | necessarily the blame of the owner (or even might be the
               | fault of previous owners). Trying to reduce it to that is
               | like blaming every problem behavior on somebody's
               | parents. Dogs aren't simple machines.
        
               | pxc wrote:
               | Let's review some of the examples in GGP:
               | 
               | > "My dog would never bite. He just snarls and snaps like
               | that when he's nervous."
               | 
               | If you ever hear this, the dog is being socialized in a
               | bad, counterproductive way _before your very eyes_. The
               | owner is ignoring manifestly severe distress, as well as
               | generally unacceptable behavior in public.
               | 
               | > "My dog is a good dog at heart, but she's a rescue so
               | you have to make allowances."
               | 
               | The word 'allowances' here is kinda strong, in that it
               | sounds like you're not only giving up on eliminating
               | certain negative behaviors/feelings in your dog, but also
               | in managing them.
               | 
               | But it's really close to something that I think is fair
               | to say, which is that you can't expect your dog to
               | instantly recover from trauma, and that you will have to
               | make gradual progress on teaching your dog that the world
               | is safe for them and how you expect them to behave in it.
               | At the same time, it's your job to manage those behaviors
               | along the way, so I'm not sure that counts as 'making
               | allowances' in the sense of simply permitting otherwise
               | unacceptable behavior. So it might be fair to give that
               | one to the GGP, too.
               | 
               | > "My dog is only growling because you are showing fear."
               | 
               | This is useless information even if it's true, and it
               | pushes responsibility for the dog's behavior and comfort
               | onto others (probably including random strangers, given
               | the character of the examples). This is poor
               | socialization _in action_ again.
               | 
               | (Aside: growling is good. It is good for dogs to give
               | warning. You probably want to address the thing they're
               | growling about (food possessiveness, fear, anxiety,
               | mistrust of strangers), which may _not_ be good. But you
               | probably don 't want to suppress growling per se or treat
               | growling as bad behavior. That's a good way to get a less
               | predictable dog.)
               | 
               | > "If you got bit, you must have done something to the
               | dog. No dog bites without good reason."
               | 
               | If someone says this about their _own_ dog, they 're
               | showing a stunning level of disinterest in their own
               | dog's behavior, comfort, and impact on others. If someone
               | tells you your dog bit them, you need to be _very_
               | interested in all of the details so you can figure out
               | what was going on and what you need to do about it.
        
               | Taywee wrote:
               | Yes, you're right, given the context. I hadn't properly
               | followed the chain of comments, and every one of those
               | statements is unreasonable. I just hear a lot of dog
               | people who subscribe to the belief of "no bad dogs, only
               | bad owners", which is cute, but not 100% realistic. You
               | can do a lot to properly train and manage dog behavior,
               | and much bad behavior is the fault of the owners, but
               | there are special cases that really aren't that rare. I
               | have a dog who, as far as I know, has never been abused
               | and she has intense anxiety around new people and other
               | dogs, despite following all the rules and doing
               | everything right to try to socialize her properly for
               | years. I get the ugliest stares from people when they ask
               | if they can pet her and I say that she has anxiety
               | problems, and that she's never bitten somebody, but I
               | can't guarantee that she never would, because people she
               | doesn't know stress her out quite badly. I've made a lot
               | of progress with her, but I doubt I could ever get her to
               | a point that she'd be perfectly comfortable around
               | strangers.
        
               | pxc wrote:
               | > I get the ugliest stares from people when they ask if
               | they can pet her and I say that she has anxiety problems,
               | and that she's never bitten somebody, but I can't
               | guarantee that she never would, because people she
               | doesn't know stress her out quite badly.
               | 
               | A dog who doesn't like to be touched by random strangers
               | is not a bad dog, and strangers are not entitled to touch
               | her! I'm 100% with you on this one. Many people seem to
               | think that all dogs should actively enjoy all kinds of
               | invasions to their personal space (that they themselves
               | would never tolerate), and it's ridiculous.
               | 
               | You're also not, in my opinion based on this description,
               | 'making allowances' for any unacceptable behavior. You're
               | just keeping your dog (and people around her) safe and
               | comfortable, despite the misplaced sense of entitlement
               | of some strangers.
        
             | FactolSarin wrote:
             | Plus everyone, even dogs, can have a bad day. I feel I'm a
             | pretty judge of dogs, having grown up around them all my
             | life. I know when a dog is barking to alert an owner vs
             | when a dog is barking and is about to bite.
             | 
             | But even with that in mind, I remember the one time my dog
             | was playing with another dog, and suddenly the play turned
             | to aggression on a dime, and I had to pull those dogs
             | apart, and one ended up with a piece of it's ear gone.
             | Neither dog had a history of aggression, neither has done
             | anything like that ever again. There was no warning, _it
             | just happened_.
             | 
             | Why? I have no clue, and I never will, because dogs aren't
             | people. I can't even know what another _human_ is thinking
             | when a violent outburst happens, much less another species.
             | 
             | So are drug-sniffing dogs reliable? I bet they are, but
             | just like people sometimes they can be wrong, or they can
             | have a bad day, or they can give the answer they thought
             | the trainer wanted. Who knows? We don't know how they
             | experience the world enough to even make a guess.
        
             | pxc wrote:
             | People who do this stuff might think they're trusting their
             | dogs, but they're neglecting them.
             | 
             | > "My dog would never bite. He just snarls and snaps like
             | that when he's nervous."
             | 
             | A dog who is snarling and snapping is doing the canine
             | equivalent of screaming 'GET THE FUCK AWAY FROM ME RIGHT
             | NOW'. Actually trusting that dog would have to mean
             | _believing it when it tells you it is uncomfortable and
             | feeling threatened_. If you trust someone and they tell you
             | they need to be removed from a situation, _you do it_.
             | 
             | > "If you got bit, you must have done something to the dog.
             | No dog bites without good reason."
             | 
             | Honestly, this is the other side of people 'trusting' dogs
             | too much. Most people who get bit by dogs are doing
             | something extremely stupid, and most people who get bit by
             | _other people 's_ dogs are doing something extremely
             | presumptuous and invasive.
             | 
             | If what you're interested in is whether a dog is vicious
             | (i.e., how easily it can be rehabilitated or accommodated
             | so that it never bites anyone again for the rest of its
             | long, happy life), the secondhand judgment of someone who
             | got bit by the dog is generally unreliable unless it's
             | accompanied by a detailed account. Unfortunately, being a
             | 'dog person' or someone who 'loves dogs' or 'has had dogs
             | their whole life' doesn't at all assure that a person can
             | read basic canine body language, either.
        
               | marvin wrote:
               | I got bitten by a dog that looked at me from six meters
               | away when I came out of the owner's car (with the owner
               | driving! We were chatting amicably at the time), then
               | with no other warning than standing very still for two
               | seconds ran at me and bit my leg to the point of
               | bleeding.
               | 
               | Then, when I met it again three years later, tried to do
               | the same thing but by that point they'd wised up and
               | anchored its leash to something. Although, you know,
               | maybe there existed a more constructive solution.
               | 
               | And my cousin was bit three times (required stitches) by
               | a dog she never approached, and backed away from
               | carefully after it became obvious that it was unfriendly,
               | running away after it bit her the first time. She did
               | accidentally enter the owner's property, though, while
               | jogging. The property boundary wasn't marked.
               | 
               | I don't think you can generalize this stuff, unless
               | you've made a detailed survey of the conditions
               | concerning situations where dogs have bit people.
        
       | chmod600 wrote:
       | We celebrate "science", but we skip the scientific method.
       | Observational studies, unreprodcible experiments, and non-
       | falsifiable models have taken over.
       | 
       | Not just taken over in pop science, but actual scientific fields.
       | 
       | So can we really blame judges and juries for taking a few
       | intellectual short cuts? Yes, I suppose we can, because an
       | individual is at risk and we should expect better.
       | 
       | But the scientific community should take some blame for
       | compromising on the core of science while continuing to fly the
       | banner of science.
        
       | LightG wrote:
       | No. I've not read tfa but being stopped under suspicion of
       | carrying drugs at an aiport because a sniffer-dog got a bit too
       | excited about a humous sandwich I'd just bought tells me answer
       | to this question.
       | 
       | Also raising the question of whether a sniffer-dog can be
       | manipulated by its handler.
       | 
       | Questons, questions ...
        
       | ghufran_syed wrote:
       | Seems like the appropriate defense strategy should be to arrange
       | their _own_ cadaver dog analysis which shows _completely
       | contradictory_ evidence to that of the the prosecution dog.
        
       | dzink wrote:
       | There was a news mention months ago of a dog at a police
       | department that "detected" drugs 100% of the time ot was deployed
       | - the running joke was that the dog was brought in whenever they
       | wanted to detain anybody. A dog is only as good as it's training
       | and there is plenty of room for abuse in the system.
        
         | Buttons840 wrote:
         | Mine as well just let the officer sniff. Yeah, human smell
         | isn't up to the task and will be wildly inaccurate, but that's
         | not a problems for dogs, so why should it be a problem for
         | humans?
        
       | kolanos wrote:
       | A drug sniffing dog is a violation of the confrontation clause in
       | the sixth amendment. It provides that " in all criminal
       | prosecutions, the accused shall enjoy the right...to be
       | confronted with the witnesses against him." You can't cross-
       | examine a dog.
        
         | AlbertCory wrote:
         | No, but you can run your own test, where a neutral "handler"
         | whom the dog has never seen runs his/her own scent tests on the
         | dog's ability. Which should be the defendant's right if dog
         | evidence is presented against him.
        
         | NovemberWhiskey wrote:
         | Much as I think there's a lot of quackery going on here, I
         | think it's pretty clear that the dog _handler_ is the one
         | giving the evidence and being subject to cross-examination. The
         | dog is just a tool that is being used to achieve an
         | investigative purpose, like a DNA test or radar gun.
        
           | kolanos wrote:
           | The dog handler's "evidence" cannot be based on the dog's
           | behavior. We can't question the dog as to why it behaved the
           | way it did. As such, it is a violation of the confrontation
           | clause.
        
       | elmolino89 wrote:
       | Imagine a drug detecting dog going through 100 apartments. No
       | drugs were found in any of them but say in 5 of them the dog sat
       | on his bottom /barked/did whatever constitutes something
       | resembling "drug odor detected". I hope no judge will put the
       | people who did live in these apartments up to half a year before
       | in jail.
        
         | alphabettsy wrote:
         | Not just that, but the dog's indication is used to do
         | incredibly invasive searches that the government does not have
         | to incur the costs of the damage done.
         | 
         | They will essentially toss a home or vehicle like a burglar,
         | even going as far as cutting open things like seats and
         | removing parts.
        
           | MertsA wrote:
           | Not only will police occasionally destroy vehicles in a
           | search without being liable for the damages, often any
           | insurance policies also do not cover it. You can do
           | absolutely nothing wrong and obey the law and buy
           | comprehensive coverage and gap insurance and still have your
           | vehicle destroyed by the cops because they managed to
           | convince a dog to scratch your paint, and you're the one
           | that's stuck with a totalled vehicle and a huge loan to pay
           | off.
           | 
           | https://reason.com/2021/04/23/the-cops-trashed-her-house-
           | she... https://jalopnik.com/new-jersey-cops-destroy-bmw-
           | searching-f...
        
       | kortex wrote:
       | This should be really easy to settle, like basic undergrad
       | experimental design, double blind study. Hardly a thorough
       | literature search, but I found this reference.
       | 
       | > On average, hidden drug samples were indicated by dogs after 64
       | s searching time, with 87.7% indications being correct and 5.3%
       | being false. In 7.0% of trials dogs failed to find the drug
       | sample within 10 min. ... > Dogs were equally efficient at
       | searching in well-known vs. unknown rooms with strange (i.e.,
       | non-target novelty) odors (83.2% correct indications), but they
       | were less accurate when searching outside or inside cars (63.5%
       | and 57.9% correct indications respectively).
       | 
       | So that tells me two rough indicators:
       | 
       | - There's a ~5% chance a sniffer dog/handler could put away an
       | innocent person. This is a lower bound, the risk is higher with
       | cues/confirmation bias
       | 
       | - There's only about ~60-80% sensitivity in unfamiliar
       | situations, of what I presume are pretty fresh samples.
       | 
       | You don't have to bust out Bayes' theorem to realize that a
       | cadaver dog accurately hitting scents in the woods months later,
       | stretches credibility.
       | 
       | https://www.sciencedirect.com/science/article/abs/pii/S03790...
        
         | Zigurd wrote:
         | Dogs are amazingly good at detecting things like cancer in
         | _double blind experiments._ There are good reasons to think
         | dogs can detect lots of things.
         | 
         | That's not the problem:
         | 
         | 1. No MD would order cancer treatment on the basis of a dog's
         | sniff.
         | 
         | 2. Analysis of all kinds of evidence, including the use of
         | sniffer dogs, should not be managed by police departments, or
         | even prosecutors. There have been many scandals of police
         | evidence handling, even by supposedly professional evidence
         | labs, have mishandled evidence and innocent people have been
         | imprisoned. There needs to be independent analysis of evidence,
         | incentivised to find the truth even if unfavorable to police
         | and prosecutors.
         | 
         | 3. Cops lie.
        
         | flatline wrote:
         | Unfortunately there is more than statistics at play:
         | http://www.wayne-county-forfeiture.com/content/drug-dogs-and...
        
         | jakelazaroff wrote:
         | The problem with a purely quantitative analysis of a dog's
         | theoretical capabilities is that they can be trained to give
         | false positives. See for example this Reason article [1] about
         | dogs searching for drugs:
         | 
         |  _> As a drug detection dog, Karma kept his nose down and
         | treated every suspect the same. Public records show that from
         | the time he arrived in Republic in January 2018 until his
         | handler took a leave of absence to campaign for public office
         | in 2020, Karma gave an  "alert" indicating the presence of
         | drugs 100 percent of the time during roadside sniffs outside
         | vehicles._
         | 
         |  _> Similar patterns abound nationwide, suggesting that Karma
         | 's career was not unusual. Lex, a drug detection dog in
         | Illinois, alerted for narcotics 93 percent of the time during
         | roadside sniffs, but was wrong in more than 40 percent of
         | cases. Sella, a drug detection dog in Florida, gave false
         | alerts 53 percent of the time. Bono, a drug detection dog in
         | Virginia, incorrectly indicated the presence of drugs 74
         | percent of the time._
         | 
         | [1] https://reason.com/2021/05/13/the-police-dog-who-cried-
         | drugs...
        
           | kortex wrote:
           | Right, that was being generous, assuming the ideal
           | conditions, double blinded, so that any cues from the handler
           | will only add noise and move the needle towards chance.
           | 
           | In actuality, the police drug dogs are basically just an
           | excuse to get into the vehicle, so they can justify anything
           | they find post-hoc and ignore all other intrusions.
        
         | ufmace wrote:
         | I don't think you can really judge dogs in general based on
         | statistics like this. We can't read a dogs mind and don't know
         | all of their motivations. You can try and do standardized
         | training and testing, but any particular dog might not "get"
         | the training properly, or might decide to do something a little
         | different one day for reasons we don't understand.
         | 
         | I'm thinking, it's okay to have a dog to guide you to things,
         | but ultimately, the thing is either there, or it's not, and
         | that's what any convictions should be based upon. If a dog
         | guides you to an actual body, fine, do all your analysis and
         | charges based on that. This whole business of the dog claiming
         | that a body was there months or years ago but we have no idea
         | where it is now seems like bullshit, and I don't think anyone
         | should ever be convicted on that alone. Ditto drugs - search
         | dogs may be imperfect, but ultimately the drugs are either
         | there or they're not. If the dog guides you to actual drugs,
         | charge away I guess. If there aren't any drugs and the dog was
         | wrong, then no charges. It's a little bad that someone got
         | searched based on a false indication, but not nearly as bad as
         | an actual conviction and sentence.
        
         | 6gvONxR4sf7o wrote:
         | If you do want to pull out bayes theorem, 5% of indications
         | being false in an experimental setting could be way worse in a
         | situation with a lower base rate. (I couldn't find the base
         | rate in a quick scan of the paper)
        
           | kortex wrote:
           | Yeah I didn't compute the Bayes factor mostly because I'm on
           | mobile and was heading out the door. But when the prior you
           | are plugging in is "did this person murder their son", you
           | need a pretty hefty likelihood ratio to push that into the
           | territory of "lock this person up for life".
           | 
           | If you have p(D|H) = 0.8 (hit rate) and p(D|H') = 0.05 (false
           | positive), that gives an LR (likelihood ratio) of 16.
           | 
           | But that's if you had like, a perfect detection situation.
           | I'm not a fan, but it's probably enough to push a search into
           | probable causedeg, since if you find contraband, you now have
           | field drug tests, which are also kinda crapdegdeg, but it
           | pushes your hypothesis. Then you seize the drugs and have the
           | highly sensitive and selective lab tests of chemical analysis
           | at your disposal. You have a chain of tests updating your
           | prior.
           | 
           | We have no such chain in the cabin test. It's just "dog
           | signaled" -> some other circumstantial evidence -> jury
           | convicts of murder.
           | 
           | deg - that's assuming the handler is being unbiased, vs just
           | giving the cops an excuse to search.
           | 
           | degdeg - field drug tests basically only catch broad classes
           | of molecules or functional groups, when performed correctly.
           | Like drug dogs, often they too are just theater to
           | intimidate/coerce more searching
        
       | helsinkiandrew wrote:
       | TLDR: No
       | 
       | Usually it's not a dogs sniff but the dog handlers evidence about
       | the behaviour of the sniffer dog. And dogs are far too good at
       | behaving to please their handler/owner sometimes and acting out
       | of instinct or boredom in others - how many dogs that have gone
       | on a murderous rampage have been said to be sweet, loving
       | creatures all their lives.
       | 
       | It's hard to see how a dogs sniff evidence can be treated with
       | the same level of accuracy as fingerprints/DNA evidence unless
       | tests had proved that it (perhaps even the individual dog) was
       | accurate to 1 in 1000 or 1 in 10,000 or more cases.
        
         | Jon_Lowtek wrote:
         | >> _Corcoran had trained Molly to sit when the dog detected the
         | odor of human remains ... the team went to Redwine's cabin,
         | which was unoccupied. Molly sat down in a nearby stream and
         | indicated at five other locations outside the home, according
         | to Corcoran. Then she saw her dog looking up at a window. An
         | investigator climbed into the house and opened the door for
         | Corcoran and Molly. Inside, the dog made its indication--a sit
         | --near a wood stove, in a bedroom, on a brown sofa, by a
         | washing machine, and elsewhere._
         | 
         | insert "this is worthless" spongebob meme template here.
         | Convicting someone of murder because a dog sat in their house
         | is worse then fake science, it is worse than superstition, that
         | dog handler is blatantly creating fake evidence. Has that dog
         | ever cleared someone of an accusation their handler believes in
         | by refusing to sit near their stuff?
         | 
         | Edit: to clarify, a cadaver dog is useful, if one searches for
         | a cadaver: when the dog indicates a specific place one should
         | dig there. But that is not how the dog is used here.
        
           | h2odragon wrote:
           | IMO, this discussion goes wrong when we involve the dog in
           | the first place. The testimony is that of the handler; _they_
           | are the party saying that they have reason to believe X,
           | based on their interpretation of their dog 's behavior...
           | which might as well be a dowsing rod or any other scrying
           | method for the repeatability it has.
           | 
           | If a dog/handler leads them to evidence, then the evidence
           | can stand (or not) on its own just as if they were led to it
           | by a psychic or a "hunch".
        
           | annoyingnoob wrote:
           | I had a security dog in an airport come and sit next to me
           | while I was standing in line. Thought for sure my day was
           | over, really freaked me out because of stories like this.
           | Nothing happened, I think the dog just figured me for the dog
           | person that I am. You are not supposed to pet working dogs
           | while they are working but that didn't stop me.
        
       | nikkinana wrote:
       | Absolutely. Or do you hate dogs too?
        
       | amelius wrote:
       | Similar question:
       | 
       | Should Machine Learning be allowed to drive a car?
        
         | [deleted]
        
         | iso1210 wrote:
         | Not at all a similar question, the outcome of machine learning
         | of driving a car can be judged on objective results (incidents,
         | accidents, injuries, deaths, etc)
        
           | amelius wrote:
           | Sorry, can't agree. You can validate the performance of dogs
           | in a test setup, just like you can validate machine learning
           | in a sandbox environment.
        
             | sebow wrote:
             | You're right there but that's not why these are not similar
             | questions.
             | 
             | A ML agent driving a car is about being able to do
             | something out of "it's own agency"(We'll pass the free will
             | observations for now, they're really irrelevant unless
             | that's the point one makes between a ML agent and a dog,
             | where the latter arguably has it compared to the former),
             | the focus here being on "doing". A dog's sniff being
             | considered as enough evidence to put someone in jail is not
             | really the equivalent to "the dog has put X in
             | jail".There's a case to resolve, and obviously the
             | person/agent who has the evidence does not put the criminal
             | in jail.Here the focus would be on the fact that the dog is
             | not only observing something, but also the subjective
             | interpretation of it's senses (assuming we would have such
             | a thing as an "objective interpretation of one's senses at
             | a given time", which is problematic imo)
        
           | ootsootsoots wrote:
           | So can the judicial system.
           | 
           | Given the number of imprisoned found innocent over time, some
           | models suggest up to 25% of the incarcerated population are
           | innocent.
           | 
           | Layer on those in prison for minor drug crimes and it goes up
           | dramatically.
           | 
           | Everything is quantifiable. The dimwitted elders in charge
           | prefer you don't think like that. Just abide the story;
           | senile elders raised in a era of worse education standards,
           | social standards, toxic leaded gas clouds, paranoia inducing
           | world wars and cold wars are clearly the most capable
           | leadership
        
         | swilliamsio wrote:
         | That similar question and this entire thread reminds me of xkcd
         | 2173. [0] We obviously already let neural networks detect drugs
         | and drive cars, though the former gets to wear a nice fluffy
         | fur coat.
         | 
         | [0] https://xkcd.com/2173/
        
         | goodpoint wrote:
         | If ML had well documented biases towards hitting people on
         | purpose, then no.
        
           | amelius wrote:
           | https://news.ycombinator.com/item?id=28219948
        
       | bayesian_horse wrote:
       | Dogs learn to please their handlers and react to their cues.
       | 
       | Any reliable use of dogs (or any animal for that matter) must
       | have the paranoid kind of quality control known from machine
       | learning. Worse, actually, because an animal is a learning agent,
       | shifting its model.
        
       | michaelcampbell wrote:
       | Making no opinion one way or the other, convictions are (I
       | suspect) routinely made on eyewitness testimony which has been
       | show many, MANY times to be horribly unreliable.
        
         | encryptluks2 wrote:
         | I was going to say the same. Not to mention how people are
         | conditioned to trust cops and how prosecutors only need to get
         | a person to say that they saw someone do something or heard
         | them talk about it and a cop to say, yes this person is bad
         | based on my interactions, in order to get conviction..
         | regardless if there is any real evidence, or evidence to the
         | contrary in that matter.
        
       | FpUser wrote:
       | Whatever the fuck happened to "beyond the reasonable doubts". Any
       | reasonable person should have such in this case.
        
         | vkou wrote:
         | You'd be surprised by what reasonable jurists believe is
         | damning evidence.
        
           | FpUser wrote:
           | Well, not really. After reading about some cases I've long
           | lost any trust I may have had in the system. It might be ok
           | in general (do not have enough real stats) but when it comes
           | to fucking up particular person's life without any
           | consequences the government / their institutions shine.
        
             | pitay wrote:
             | Yeah the lack of consequences for those that administer
             | justice is (I believe) the strongest reason an innocent
             | person is convicted or punished far too harshly for the
             | given crime. The only time I have heard of judges ever
             | getting punished for their judgments is either when it is
             | revealed that they have been taking bribes or their nation
             | lost a war.
        
       | chmod600 wrote:
       | Where can I find I good test for scientific and statistical
       | reasoning? Something a layperson could easily take, like a bunch
       | of word problems that aren't numbers-heavy?
        
       | renewiltord wrote:
       | Dogs are cuddly AI. The first time we make a Convolutional Neural
       | Network warm, cute, and fuzzy we will have created the perfect
       | tool of the police state.
       | 
       | Which naturally means that we already have created the perfect
       | tool. It's a dog.
       | 
       | Nothing wrong with police in general. They're just like dogs in
       | their own way. Dogs get treats when they say there's a drug,
       | irrespective of the actual presence. Cops get treats when they a
       | guy gets arrested or convicted, irrespective of guilt.
        
       | marsdepinski wrote:
       | It's science!
        
       | AlbertCory wrote:
       | After reading all the comments (a dirty job, but someone has to
       | do it), I reach this conclusion, which doesn't require any
       | massive changes to our justice system:
       | 
       |  _The constitutional right to "confront" a witness against you
       | should be interpreted as the right to run your own unbiased tests
       | on any dog whose results are used. This would mean a neutral
       | handler whom the dog doesn't know conducts double-blind tests on
       | the dog. If the dog is found to be unreliable by the judge, then
       | the evidence is discarded, the same as if a warrantless search
       | had been conducted._
        
       | ChrisKnott wrote:
       | Techniques like this should only ever be used to direct
       | investigations, and not be presented at court as evidence in
       | their own right. It seems they work _to an extent_ , but we
       | clearly don't understand when and why they don't work.
        
       | grae_QED wrote:
       | Fun fact: The Stasi had a scent library[0]. They would regularly
       | use dogs to identify and arrest people.
       | 
       | [0] https://theresagameinthat.blogspot.com/2011/06/stasi-
       | scent-l...
        
       | andi999 wrote:
       | Can we just get back the polygraph?
        
         | boomboomsubban wrote:
         | It's sad that a bullshit system that the accused and the
         | accuser can easily game is one of the "successes" of forensics.
         | At least there the accused can do something.
        
         | eftychis wrote:
         | Or even better uniformly at random imprison some possible
         | suspect -- you avoid the cost of the trial and you are fairly
         | certain that an honest person is in jail -- that seems to be
         | the goal of the system: let the jurors, judge and cops sleep at
         | night. Who cares about justice anyways...
        
           | andi999 wrote:
           | No smoke without fire they say.
        
       | adam-p wrote:
       | This seems analogous to using an AI. We trained it, it seems to
       | mostly do what we want it to do, but we don't entirely understand
       | how (or what cues and confounding factors might be in play that
       | wouldn't like if we did know about).
       | 
       | Do jurors respond the same way to a black-box "expert" if it's
       | not furry?
        
         | dehrmann wrote:
         | It's worse than AI. At least with AI, we know the inputs, can
         | get glimpses into how it works, and was build with a specific
         | intent. Fido just wants his treat.
        
           | dymk wrote:
           | Nah it's much more similar than you're implying. Fido is
           | doing stochastic descent to get his treat. Humans are
           | determine the loss function for both AI training and dog
           | training.
        
         | deepsun wrote:
         | Unlike AI, sniff dogs are trained to bark at a sign from it's
         | owner. So whenever police wants to search you, they make a sign
         | to the dog, and it barks.
        
           | betwixthewires wrote:
           | This is patently false, you get your information from movies
           | and not real life. Sniff dogs sit when they detect what
           | they're looking for, they do not bark.
        
             | deepsun wrote:
             | Sure, they sit at the command of their officer. That's not
             | my point. My point is that it's easy to make a case for a
             | search with a dog.
        
               | betwixthewires wrote:
               | And my point is, if you don't even know the first thing
               | about their training you're just making shit up because
               | you want to believe it. Read a little about sniffing
               | dogs.
        
       | harha wrote:
       | This shows a greater dilemma: we don't want a caste of legal
       | experts making fundamental decisions for an individuals life, but
       | the alternative of getting a jury consisting of the average
       | population who lack sufficient education also doesn't lead to an
       | outcome one would want when on trial.
       | 
       | I wonder if there is a middle ground solution where the jury
       | decides on parts of a trial independently without knowledge of
       | other parts, e.g. only on admitting a piece of evidence.
        
       | inglor_cz wrote:
       | There is a huge difference between a dog finding a body (material
       | evidence independent of the dog's behavioral characteristics) and
       | a dog handler "reading" his dog's behavior and making various
       | predictions out of it. The latter should absolutely not have any
       | value in court.
       | 
       | And to think that we laugh at the Romans for predicting future
       | from the flight of birds (augury) and animal liver (haruspexy)...
        
         | DaiPlusPlus wrote:
         | > predicting future from the flight of birds
         | 
         | Well, to be fair, we can - to the extent that when I see birds
         | fly-off from my back-garden I know it's about to rain...
        
           | ashtonkem wrote:
           | And to be fair, if you're a subsistance farmer the ability to
           | predict rain and other weather events is a huge percentage of
           | the future you care about. Augury would be able to predict a
           | decent bit of the important future for those people.
        
         | agys wrote:
         | Thank you for "augury"! I looked up the etymology in Italian
         | for auguri and it derives from the flight of birds. "Tanti
         | auguri" means "best wishes", on the contrary "sciagura" (same
         | root as "auguri") means "misfortune".
        
       | NHQ wrote:
       | A dog cannot take the stand and be questioned, so how can it
       | provide witness?
        
       | jjluoma wrote:
       | The same dog was used in all occasions: 1) sniffing of the
       | clothes 2) around the house 3) inside the house 4) sniffing the
       | truck.
       | 
       | I would question if the dog was essentially trained to recognize
       | the smell of the suspect, and if so, did the dog really indicate
       | it was smelling odors from a dead body or the odors from the
       | suspect.
       | 
       | Also, only clothes of the suspect from an evidence room? Only one
       | truck?
        
         | kolanos wrote:
         | > I would question if the dog was essentially trained to
         | recognize the smell of the suspect, and if so, did the dog
         | really indicate it was smelling odors from a dead body or the
         | odors from the suspect.
         | 
         | And upon questioning, how would you possibly be able to verify?
        
       | eftychis wrote:
       | You mean accept as evidence a dog's reaction which has been
       | criticized and known to be directed by officers/handlers for
       | illegal searches (by providing fake probable causes). A dog that
       | you can not ask what they detected or even statistically test as
       | we have seen in the article like you could do an ML model.
       | 
       | A whole field has been sprung on _if and how_ ML inference could
       | be used to make decisions, with lots of issues of racial
       | profiling. And the judge and jury decided to accept a dog 's
       | reaction whose handler's new career was on the line.
       | 
       | I am not sure why one should trust the justice system these days.
       | 
       | P.S. A bunch of posts about Donziger and how UN Working Group on
       | Arbitrary Detention has stated to the U.S. he detention and
       | imprisonment is against international law. I just find the
       | sequence of articles ironic.
        
         | tqi wrote:
         | Agreed. If Ring doorbell cameras were giving bogus probable
         | cause at the rate these dogs were, the NYT would be all over
         | it. But because it's not novel no reporters can be bothered to
         | write about it...
        
       | sebow wrote:
       | No.
       | 
       | It should be taken into account, but it shouldn't be considered
       | "definitive" evidence (compared to something like a video
       | footage).
        
       | ootsootsoots wrote:
       | Given the credibility of American governance, no.
       | 
       | Frankly I would not trust most Americans to host a bbq without
       | lighting someone on fire these days. There's no way I'd sincerely
       | trust their dogs.
       | 
       | Those in policing are barely better educated than the dog.
        
       | AlbertCory wrote:
       | I dismiss anything Corcoran says after I read this:
       | 
       |  _There's so many missing people that need to be found. You know,
       | it's just sad. And that's really what it's all about: If we can
       | recover somebody, so their family can know the ending. That's
       | really what it should be about._
       | 
       | So this is _totally_ about the problem, and not the  "solution."
       | If you're attacking her, you're against families finding out what
       | they need to know. BS.
       | 
       | Maybe if she said something about the reliability of the method,
       | and not the need for ANY method, I'd pay more attention.
        
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