Courts are using risk-assessment software to sentence criminals
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Re: Courts are using risk-assessment software to sentence criminals
#2Re: Courts are using risk-assessment software to sentence criminals
#3Re: Courts are using risk-assessment software to sentence criminals
#4Instead of asking to stop its use, why not ask that it be "supervised" up to the point where its results beat the average judge in a given area of law?
Why should it stop when it has the potential to be much more efficient? Just give it sufficient oversight, and I'm fine with this.
Re: Courts are using risk-assessment software to sentence criminals
#5Instead of asking to stop its use, why not ask that it be "supervised" up to the point where its results beat the average judge in a given area of law?
Re: Courts are using risk-assessment software to sentence criminals
#6Re: Courts are using risk-assessment software to sentence criminals
#7Could we demand that they pass a course in machine learning before they use it?
Re: Courts are using risk-assessment software to sentence criminals
#8It's really not clear to me that much is gained from having very precise decisions made about bail and sentencing. Trying to predict the future is a fool's errand, whether a judge does it or a computer. It'd be better to just set fair, uniform standards (particularly for bail where bail should be granted presumptively unless unique circumstances are present).
Unfortunately, using machine learning for sentencing is just the tip of the iceberg. "Scientism" is rife in the criminal justice system. The U.S. Sentencing Guidelines, for example, are utter gibberish. Sentences are calculated to the month using complex formulas: http://www.ussc.gov/guidelines/2016-guidelines-manual/2016-c....
> The total points from subsections (a) through (e) determine the criminal history category in the Sentencing Table in Chapter Five, Part A.
> (a) Add 3 points for each prior sentence of imprisonment exceeding one year and one month.
> (b) Add 2 points for each prior sentence of imprisonment of at least sixty days not counted in (a).
> (c) Add 1 point for each prior sentence not counted in (a) or (b), up to a total of 4 points for this subsection.
> (d) Add 2 points if the defendant committed the instant offense while under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status.
> (e) Add 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points under (a), (b), or (c) above because such sentence was treated as a single sentence, up to a total of 3 points for this subsection.
But it's not like this is based on an empirical statistical model correlating sentences with recidivism or deterrence effects. It's classic scientism, believing that an algorithmic sentence based on completely arbitrary rules is somehow better than an arbitrary sentence handed out by human judgment.
Re: Courts are using risk-assessment software to sentence criminals
#9In which case it is possible it would eventually discover that in the USA incarceration is very strongly linked to recidivism. It follows that the algorithm might refuse to incarcerate many convicts.
Which is arguably exactly what the algorithm should do, namely what politicians will/can not: employ evidence to advance the methods and improve the outcomes of the criminal justice system.
Re: Courts are using risk-assessment software to sentence criminals
#10Instead of asking to stop its use, why not ask that it be "supervised" up to the point where its results beat the average judge in a given area of law?
What metric do you use to say it "beats" a human judge?