When Machines Can Be Judge, Jury, and Executioner: Justice in the Age of Artificial Intelligence by Katherine B. Forrest

Author:Katherine B. Forrest
Language: eng
Format: epub
Publisher: World Scientific Publishing Co. Pte. Ltd.
Published: 2021-01-15T00:00:00+00:00

Swet further speculates: “It may well be that one particular hindrance just mentioned is sufficient to preclude use of a [statistical prediction rule] or of an analysis of decision utility in a given situation.”9

In 2015, the National Center for State Courts published a series of “observations” drawn from ten jurisdictions that used risk assessment tools in connection with sentencing.10 This report doubles down on the assertion that AI tools are more accurate in their predictions with carefully reassuring anecdotes. It references defense counsel who indicated that the tool was “helpful,” and that they believed “that the use of RNA information has resulted in more consistent and objective sentencing decisions.”11 The report also highlights observations from judges: “One judge noted, for example, that RNA information provides a basis for more rational, and less subjective, decision-making.”12 Another judge is quoted as saying:

These risk/needs assessment tools give me a way of checking myself, that I’m not sentencing out of anger, that I’m not sentencing out of an inappropriate place, but that I have some objective criteria upon which to decide what to do with individuals’ lives because it’s a huge responsibility to make decisions about what we’re going to do with a person’s life. And how do we protect our public in doing that? So that’s really been I think the biggest positive for me is it takes out that “I know better” paternal gut thing out of my equation.13

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