Wisconsin's Prison-Sentencing Algorithm Challenged in Court (engadget.com)
"Do you want a computer to help decide a convict's fate?" asks Engadget, telling the story of a Wisconsin convict who "claims that the justice system relied too heavily on its COMPAS algorithm to determine the likelihood of repeat offenses and sentenced him to six years in prison." Sentencing algorithms have apparently been in use for 10 years.
His attorneys claim that the code is "full of holes," including secret criteria and generic decisions that aren't as individually tailored as they have to be. For instance, they'll skew predictions based on your gender or age -- how does that reflect the actual offender...?
[T]he court challenge could force Wisconsin and other states to think about the weight they give to algorithms. While they do hold the promise of both preventing repeat offenses and avoiding excessive sentences for low-threat criminals, the American Civil Liberties Union is worried that they can amplify biases or make mistakes based on imperfect law enforcement data.
The biggest issue seems to be a lack of transparency, which makes it impossible to determine whether convicts actually are receiving fair sentences.
[T]he court challenge could force Wisconsin and other states to think about the weight they give to algorithms. While they do hold the promise of both preventing repeat offenses and avoiding excessive sentences for low-threat criminals, the American Civil Liberties Union is worried that they can amplify biases or make mistakes based on imperfect law enforcement data.
The biggest issue seems to be a lack of transparency, which makes it impossible to determine whether convicts actually are receiving fair sentences.
Wait, it's iCurrentYear, why would we be giving any weight to gender in sentencing? Men and women have equal rights, yes? So why should say, someone who raped a teenager over 50 times get off scott free just because of their gender?
If the software is open source, transparent, and clear in how it functions, I'd rather have sentencing software than a judge in most cases.
The problem comes when you get politicians meddling in the software, writing in "zero tolerance" code and "mandatory minimum sentences" - they've done this already in the legislatures, tying judges hands in sentencing decisions. With the data available: prior convictions, credit scores, family ties, etc., software can determine probable outcomes of lenient sentences.
Yes, I'm saying credit score is a point for consideration in sentencing - not decision of guilt or innocence, but once guilt has been established, credit score tells about a person's history of making good on commitments, and should be a strong predictor of their likelihood of meeting terms of a suspended sentence, probation or parole.