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Courts are using risk-assessment software to sentence criminals

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11–20 of 90 posts

Re: Courts are using risk-assessment software to sentence criminals

#11
post #8

> These algorithmic outputs inform decisions about bail, sentencing, and parole. Each tool aspires to improve on the accuracy of human decision-making that allows for a better allocation of finite resources. It'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 b…

> 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

it may not be better, but, isn't it more predictable?

also, doesn't it protect a judge and the justice system against charges of favoritism, discrimination, and other kinds of bias?

i mean, i'm not a lawyer and i truly don't know ... but weren't these the sorts of reasons for coming up with these guidelines in the first place?

Re: Courts are using risk-assessment software to sentence criminals

#13
post #8

> These algorithmic outputs inform decisions about bail, sentencing, and parole. Each tool aspires to improve on the accuracy of human decision-making that allows for a better allocation of finite resources. It'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 b…

I don't disagree it could be much better and based on something other than arbitrary nonsense, but these guides are designed to bring consistency to sentences within the same jurisdiction which would make them fairer than completely arbitrary judge sentences. At least everyone is subject to the same arbitrary nonsense guidelines instead of the mood and familiarity of the judge.

Re: Courts are using risk-assessment software to sentence criminals

#15
based on some studies I've seen, human judges are terrible due to basic human nature, so I'd like to see something happen to make things more objective. Of course, the algo would have to be open, as opposed to the proprietary software being used now.

For example just having your sentencing be before lunch or at the end of the day results in harsher punishment simply due to the judge being hungry or tired.

Same goes for other basic things like women getting lighter sentences, minorities harsher sentences, etc.

Re: Courts are using risk-assessment software to sentence criminals

#16
One AI extracts faces of the suspect from camera footage

Another AI sifts through meta data to collect evidence about suspect

A third AI assists in building the case for the prosector, digging through hundreds of years of documented precedence to establish positions.

Now a fourth AI is assisting in sentencing... and all of a sudden, heels are getting dug in on some "How could this have happened!? We must stop it!" nonsense.

The AI justice cow left the barn a long time ago, folks.

EDIT: I authorize anyone to engage in creative derivations of "AI Justice Cow" free of charge, license, restraint, and responsibility.

Re: Courts are using risk-assessment software to sentence criminals

#17
post #3

Instead 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?

If the offenders have better outcomes. Time spent in jail. Re-arrest rate after release. Job performance after release, etc.

Re: Courts are using risk-assessment software to sentence criminals

#19
post #9

I wonder if the algorithm is evidence-based, and learns from the results of prior decisions. In 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 me…

The problem with that is that criminality has it's own positive feedback loop.

More crime in an area -> more cops -> more convictions for little stuff -> more big sentences handed out -> more lives ruined -> more crime -> goto start.

Re: Courts are using risk-assessment software to sentence criminals

#20
post #8

> These algorithmic outputs inform decisions about bail, sentencing, and parole. Each tool aspires to improve on the accuracy of human decision-making that allows for a better allocation of finite resources. It'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 b…

Devil's advocate, but the system in the article sounds similar to an insurance company calculating risk.

Perhaps the real objection is the lack of transparency behind the calculations?

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