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CORROBORATING EVIDENCE 237<br />

possibility of error. Errors in <strong>analysis</strong> matter, even if their consequences may be less<br />

dramatic than errors in the criminal justice.<br />

How does the criminal justice process deal with the possibility of error? One way<br />

is to ensure that where there is doubt, different interpretations of the <strong>data</strong> are<br />

considered. Hence the role of the prosecution and the defence. A second is to<br />

suspend judgement as long as possible, and at least until each of these<br />

interpretations has been fully considered. A third way is to accept one interpretation<br />

—‘guilty’—in preference to another—‘innocent’—only if it is beyond reasonable<br />

doubt.<br />

These are three related ways in which we can minimize the risk of error and<br />

misinterpretation of the evidence. One is to entertain rival interpretations of the<br />

<strong>data</strong>. Another is to suspend judgement as long as possible. A third is to refrain from<br />

judging between rival interpretations until we can chose one ‘beyond reasonable<br />

doubt’. And in line with the presumption of innocence in criminal justice, the test of<br />

being ‘beyond reasonable doubt’ should be more stringent for those interpretations<br />

with the most significant theoretical or practical consequences.<br />

Entertaining different explanations is a way of keeping an open mind. As I said<br />

earlier, an open mind is not an empty head. Some analysts recommend an approach<br />

which seems to come dangerously close to fitting the latter description. It is<br />

suggested that the best approach to evidence is to avoid developing ideas<br />

‘prematurely’, until one is thoroughly familiar with all the evidence. This tabula rasa<br />

approach is dangerous because it leaves the analyst prone to all manner of prejudices<br />

and preconceptions, which are no less powerful for remaining subliminal. It is better<br />

to make ideas and values explicit rather than leaving them implicit and pretending<br />

that they are not there. The effort to devise alternative accounts is a more effective<br />

safeguard against preconceptions than trying to maintain a conceptual vacuum,<br />

which one’s prevailing prejudices may rapidly fill.<br />

The tabula rasa approach reminds me of the story of a detective who was<br />

following a suspect along a street at night, and the suspect dropped something in<br />

the gutter at a dark point in the road. Finding this action suspicious and suspecting<br />

that some vital evidence had been dispensed with, the detective decided to look for<br />

it. However, it was too dark to see anything at that point, so he moved further down<br />

the road to where there was a street-lamp, and looked for the evidence there! The<br />

detective is like an analyst who insists on using preconceived ideas to analyse his<br />

<strong>data</strong>. He will never find what he is looking for. It would be far better to get down<br />

on his hands and knees and feel around in the dark. Indeed, it might even be better<br />

to have no light at all, so that his eyes can adjust to the darkness, rather than be<br />

blinded by an adjacent light which prevents him from developing a ‘night vision’.<br />

In other words, if we rely on preconceived ideas, we may look for our evidence in<br />

the wrong place. One can feel the force of this story, but before we decide to

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