I would say that sending an individual with 13% probability of innocence to jail is clearly wrong, because 1 out of 10 of them would be innocent.
One wonders how many of those are people the jury correctly thinks have done other crimes, or subjectively think deserve more punishment for past crimes. That would be a different malfunction from the expressed intent of the system and would imply the system otherwise does much better than the 87⁄13 ratio.
One wonders how many of those are people the jury correctly thinks have done other crimes, or subjectively think deserve more punishment for past crimes. That would be a different malfunction from the expressed intent of the system and would imply the system otherwise does much better than the 87⁄13 ratio.