evidence alat bukti_materi lembaga bantuan hukum.ppt

evidence alat bukti_materi lembaga bantuan hukum

1. “The annual accidental death toll for handgun-
related incidents is slightly under 200”
Type of Accident or Manner of Injury1996
Firearm Missile, E922 1,134
Handgun 187
Shotgun (automatic) 93
Hunting rifle 50
Other and unspecified firearms missile804
Actual handgun total is 187 + some unknown
fraction of the 804, likely much more than 200.

2. Offenders Sentenced in U.S. District Courts under
the U.S. Sentencing Commission guidelines (fiscal
year 1999)
Primary
offense
Total
cases
Race: Other
b
Number Percent
Total 55,3882,189 4.0%
Sexual abuse230 159 69.4%
b
Includes Native Americans, Alaska Natives, Asians, and Pacific Islanders.
230 is pretty few sexual abuse cases for the
whole country, isn’t it?
U.S. District Courts – just what courts are
those?
The explanation: The statistics are limited to
federal cases, and the federal government very
rarely prosecutes sexual abuse (which is mostly
a state law crime) – except on Indian
reservations.

3. Find four
problems with
this graphic,
which refers to
the case that
held that use of
“under God” in
the Pledge of
Allegiance is
unconstitutional.
1. Did the court
of appeals rule
that “the Pledge .
. . is unconstitu-
tional”?

1. Did the court
of appeals rule
that “the Pledge .
. . is unconstitu-
tional”? It ruled
that the inclusion
of “under God” in
the Pledge is
unconstitutional.
The remaining
25-odd words
were untouched.
A picky point, but
precision counts.
2. Most of who
say ‘Pledge’ is
constitutional?
2. Most of who
say ‘Pledge’ is
constitutional?
Seems like it
should mean
most readers, or
most Americans
—but fine print
says “law
students and
legal associates.”
Not what
readers would
expect.
3. How were the
respondents
chosen?
3. How were the
respondents
chosen? They
were self-
selected (true of
most “online
survey[s]”), not
randomly
chosen.
Probably a highly
unrepresentative
sample even of
all “law students
and legal
associates.”
4. Is the margin
of error really
±3%?
4. Is the margin
of error really
±3%? With 235
respondents, the
margin of error is
rougly 100
divided by the
square root of
235, or ±6% or
so. (Of course,
with a self-
selected sample
the result is
meaningless no
matter how many
people are
surveyed.)

4. Study: 15% of N.Y. drivers 16-25 drive drunk at
least once a month.
Minnesota commentator: 15% of driving-age
teenagers drive drunk at least once a month.
Study: 15% of N.Y. drivers 16-25 drive drunk at
least once a month.
Minnesota commentator: 15% of driving-age
teenagers drive drunk at least once a month.
1. Generalizing across places and times—make
clear that the numbers refer to the N.Y. study, at
the time the study was done.
Study: 15% of N.Y. drivers 16-25 drive drunk at
least once a month.
Minnesota commentator: 15% of driving-age
teenagers drive drunk at least once a month.
1. Generalizing across places and times—make
clear that the numbers refer to the N.Y. study, at
the time the study was done.
2. Inferring from group’s behavior to a subset’s
behavior—do teenage drivers (16-18 or 16-19)
behave the same way as 18/19-25-year-olds?
Study: 15% of N.Y. drivers 16-25 drive drunk at
least once a month.
Minnesota commentator: 15% of driving-age
teenagers drive drunk at least once a month.
1. Generalizing across places and times—make
clear that the numbers refer to the N.Y. study, at
the time the study was done.
2. Inferring from group’s behavior to a subset’s
behavior—do teenage drivers (16-18 or 16-19)
behave the same way as 18/19-25-year-olds?
3. Misreporting the study—the study focused on
fraction of drivers who drive drunk, not on fraction
of teenagers who drive drunk.

5. [Article:]
a handgun
is six times
more likely
to be used
to kill a
friend or
relative
than to
repel a
burglar
[A:] a hand-
gun brought
into the home
for the pur-
poses of self-
protection is
six times more
likely to kill a
relative or
acquaintance
than to repel a
burglar
[B:] During [1958-73
in Cuyahoga County],
only 23 burglars,
robbers or intruders
who were not relatives
or acquaintances
were killed by guns in
the hands of persons
who were protecting
their homes. During
this same interval, six
times as many fatal
firearm accidents
occurred in the home.
[Article:]
a handgun
is six times
more likely
to be used
to kill a
friend or
relative
than to
repel a
burglar
[A:] a hand-
gun brought
into the home
for the pur-
poses of self-
protection is
six times more
likely to kill a
relative or
acquaintance
than to repel a
burglar
(i) Small error: “friend” is false
synonym for “acquaintance.”

6. [Article:] a
handgun is
six times
more likely to
be used to
kill a friend
or relative
than to repel
a burglar
[B:] During [1958-73 in Cuyahoga
County], only 23 burglars, robbers or
intruders who were not relatives or
acquaintances were killed by guns in
the hands of persons who were
protecting their homes. During this
same interval, six times as many fatal
firearm accidents occurred in the
home.
[Article:] a
handgun is
six times
more likely to
be used to
kill a friend
or relative
than to repel
a burglar
[B:] During [1958-73 in Cuyahoga
County], only 23 burglars, robbers or
intruders who were not relatives or
acquaintances were killed by guns in
the hands of persons who were
protecting their homes. During this
same interval, six times as many fatal
firearm accidents occurred in the
home.
(ii) “Handgun” is a false synonym for “gun.”
[Article:] a
handgun is
six times
more likely to
be used to
kill a friend
or relative
than to repel
a burglar
[B:] During [1958-73 in Cuyahoga
County], only 23 burglars, robbers or
intruders who were not relatives or
acquaintances were killed by guns in
the hands of persons who were
protecting their homes. During this
same interval, six times as many fatal
firearm accidents occurred in the
home.
(ii) “Handgun” is a false synonym for “gun.”
(iii) “Kill a friend or relative” isn’t “fatal firearm accident.”
[Article:] a
handgun is
six times
more likely to
be used to
kill a friend
or relative
than to repel
a burglar
[B:] During [1958-73 in Cuyahoga
County], only 23 burglars, robbers or
intruders who were not relatives or
acquaintances were killed by guns in
the hands of persons who were
protecting their homes. During this
same interval, six times as many fatal
firearm accidents occurred in the
home.
(ii) “Handgun” is a false synonym for “gun.”
(iii) “Kill a friend or relative” isn’t “fatal firearm accident.”
(iv) “Repel” isn’t “kill.”
[Article:] a
handgun is
six times
more likely to
be used to
kill a friend
or relative
than to repel
a burglar
[B:] During [1958-73 in Cuyahoga
County], only 23 burglars, robbers or
intruders who were not relatives or
acquaintances were killed by guns in
the hands of persons who were
protecting their homes. During this
same interval, six times as many fatal
firearm accidents occurred in the
home.
(ii) “Handgun” is a false synonym for “gun.”
(iii) “Kill a friend or relative” isn’t “fatal firearm accident.”
(iv) “Repel” isn’t “kill.”
(v) “Burglar” isn’t “burglar, robber or intruder.”
[Article:] a
handgun is
six times
more likely to
be used to
kill a friend
or relative
than to repel
a burglar
[B:] During [1958-73 in Cuyahoga
County], only 23 burglars, robbers or
intruders who were not relatives or
acquaintances were killed by guns in
the hands of persons who were
protecting their homes. During this
same interval, six times as many fatal
firearm accidents occurred in the
home.
(ii) “Handgun” is a false synonym for “gun.”
(iii) “Kill a friend or relative” isn’t “fatal firearm accident.”
(iv) “Repel” isn’t “kill.”
(v) “Burglar” isn’t “burglar, robber or intruder.”
(vi) Make clear when you’re inferring from a specific time
and place to the whole country at a different time.

7. [Article:] a
handgun is
six times
more likely to
be used to
kill a friend
or relative
than to repel
a burglar
[B:] During [1958-73 in Cuyahoga
County], only 23 burglars, robbers or
intruders who were not relatives or
acquaintances were killed by guns in
the hands of persons who were
protecting their homes. During this
same interval, six times as many fatal
firearm accidents occurred in the
home.
(1) Watch for false synonyms.(1) Watch for false synonyms.
(2) Watch for inferences from one context to another.
(1) Watch for false synonyms.
(2) Watch for inferences from one context to another.
(3) Look at the original source (B) and not just the
intermediate source (A).
(1) Watch for false synonyms.
(2) Watch for inferences from one context to another.
(3) Look at the original source (B) and not just the
intermediate source (A).
(4) Be careful. Be skeptical.

8. [Article:] a
person who
uses a hand-
gun in self-
defense is
eight times
more likely to
be killed than
one who
quietly
acquiesces
[A:] A survey of Chicago robberies in
1975 revealed that, of those victims
taking no resistance measures, the
probability of death was 7.67 per 1000
robbery incidents, while the death rate
among those taking self-protection
measures was 64.29 per 1000 robbery
incidents. The victim was 8 times
more likely to be killed when using a
self-protective measure than not!
[Article:] a
person who
uses a hand-
gun in self-
defense is
eight times
more likely to
be killed than
one who
quietly
acquiesces
[A:] A survey of Chicago robberies in
1975 revealed that, of those victims
taking no resistance measures, the
probability of death was 7.67 per 1000
robbery incidents, while the death rate
among those taking self-protection
measures was 64.29 per 1000 robbery
incidents. The victim was 8 times
more likely to be killed when using a
self-protective measure than not!
(vi½) Silent generalization from Chicago robberies
in 1975 to all crimes at any time anywhere.
[Article:] a
person who
uses a hand-
gun in self-
defense is
eight times
more likely to
be killed than
one who
quietly
acquiesces
[A:] A survey of Chicago robberies in
1975 revealed that, of those victims
taking no resistance measures, the
probability of death was 7.67 per 1000
robbery incidents, while the death rate
among those taking self-protection
measures was 64.29 per 1000 robbery
incidents. The victim was 8 times
more likely to be killed when using a
self-protective measure than not!
(vi½) Silent generalization from Chicago robberies
in 1975 to all crimes at any time anywhere.
(vii) Silent inference from “self-protection
measures” generally to defensive handgun use.

9. Here’s the actual data on deaths associated with
various self-protection measures, from source C:
Method of Victim Self-Protection Deaths Total
Physical force 7 (6.1%) 114
With Weapon Not a gun 0 5
Handgun 0 6
Verbal Denial of goods 2 (4.5%) 44
Verbal Shouting 2 (3.7%) 54
Flight 7 (18.9%) 37
Verbal or Phys. Resis. & Flight 0 20
Unknown 23 (79.3%) 29
None 7 (0.8%) 913
TOTAL 48 (3.9%) 1222
The “death rate among those taking self-protection
measures” (64.29/1000=18/280) says nothing about
the death rate among those who use a handgun.

10. [Article:] a
person who
uses a hand-
gun in self-
defense is
eight times
more likely to
be killed than
one who
quietly
acquiesces
[A:] A survey of Chicago robberies in
1975 revealed that, of those victims
taking no resistance measures, the
probability of death was 7.67 per 1000
robbery incidents, while the death rate
among those taking self-protection
measures was 64.29 per 1000 robbery
incidents. The victim was 8 times
more likely to be killed when using a
self-protective measure than not!
(1) Watch for false synonyms.(1) Watch for false synonyms. (2) Check original sources.(1) Watch for false synonyms. (2) Check original sources.
(3) Avoid confusing language—by surrounding the quoted
text with discussion of handguns, source A misled the reader
into thinking that the quoted text was talking about handguns.