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AI is Sending People To Jail -- and Getting it Wrong (technologyreview.com)

At the Data for Black Lives conference last weekend, technologists, legal experts, and community activists snapped the kind of impact AI has on our lives into perspective with a discussion of America's criminal justice system. There, an algorithm can determine the trajectory of your life. From a report: The US imprisons more people than any other country in the world. At the end of 2016, nearly 2.2 million adults were being held in prisons or jails, and an additional 4.5 million were in other correctional facilities. Put another way, 1 in 38 adult Americans was under some form of correctional supervision. The nightmarishness of this situation is one of the few issues that unite politicians on both sides of the aisle.

Under immense pressure to reduce prison numbers without risking a rise in crime, courtrooms across the US have turned to automated tools in attempts to shuffle defendants through the legal system as efficiently and safely as possible. This is where the AI part of our story begins. Police departments use predictive algorithms to strategize about where to send their ranks. Law enforcement agencies use face recognition systems to help identify suspects. These practices have garnered well-deserved scrutiny for whether they in fact improve safety or simply perpetuate existing inequities.

Researchers and civil rights advocates, for example, have repeatedly demonstrated that face recognition systems can fail spectacularly, particularly for dark-skinned individuals -- even mistaking members of Congress for convicted criminals. But the most controversial tool by far comes after police have made an arrest. Say hello to criminal risk assessment algorithms.

19 of 355 comments (clear)

  1. Algorithms and bad statistics by Anonymous Coward · · Score: 5, Insightful

    Algorithms and bad statistics are not artificial intelligence. People using algorithms and bad statistics in idiotic ways is also not ai. Words mean things. Use them with care and precision.

    1. Re:Algorithms and bad statistics by hey! · · Score: 4, Insightful

      A pattern recognition program is only as good as the people who train it. The problem isn't that the *statistics* are bad; it's that the data collection system feeding those statistics is biased.

      For example, we know both from studies and common sense that marijuana use is extremely commonplace in both the black and white communities, in fact it's used at almost exactly the same rate. However blacks are far more likely to be arrested on marijuana possession charges than whites. Even if you don't feed in race to your algorithm, if the algorithm is any good it will in effect infer race from where the offender lives, the schools he went to, the jobs he's held and so on.

      Just taking marijuana charges into account is enough to bias your dataset even if your algorithm is itself color-blind. We don't really have data on how likely someone is to break the law; we only have data on how likely they are to be charged with breaking the law.

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    2. Re:Algorithms and bad statistics by ShanghaiBill · · Score: 4, Interesting

      The point of a justice system is to punish people for what they have done, not for what they may do.

      That is your opinion, but it certainly is not a universal viewpoint.

      Many of us believe that prisons should not be for vengeance or punishment, but precisely for what you say they are not for: Preventing future crimes.

      If someone is unlikely to be a physical threat to society, then they shouldn't be incarcerated. We can use techniques like ankle trackers and RFID to monitor them while they work, contribute to the economy, and pay restitution to their victims. By locking them up, not only are they more likely to reoffend upon release, but their children are also more likely to grow up to be criminals.

      Despite spending far more on incarceration than any other country, America has a horrible record of recidivism. Other countries do far better. Even within the USA, states that spend more on prisons, and lock up more people, have worse outcomes by any measurable criteria. Louisiana is rock bottom.

      America's penal system is extremely inexpensive, and a counter-productive breeding ground for future crime. But it does provide lots and lots of punishment.

    3. Re:Algorithms and bad statistics by syn3rg · · Score: 5, Funny

      Sending people to jail for crimes they didn't commit is a dick move

      Sending people to jail for crimes they didn't commit yet is a Philip K. Dick move

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    4. Re:Algorithms and bad statistics by Jason+Levine · · Score: 4, Insightful

      Despite spending far more on incarceration than any other country, America has a horrible record of recidivism.

      Just to expand on this, there's a big stigma against hiring people who have served time in prison. So John Smith is convicted of a crime and spends 3 years behind bars. He serves his time and is released from prison. Theoretically, he shouldn't be paying for his past crimes from this point on assuming he stays out of trouble in the future, So he tries to do the right thing and get a job. At every interview, though, mentioning his past prison time leads to him being excluded for job after job. With little to no legal avenues of income, he'll be more likely to revert to criminal behavior. This, in turn leads to a vicious cycle. The more criminal convictions, the harder it is to get legal work, the harder it is to pull out of the life of crime.

      If we could keep nonviolent, non-repeat offenders out of prison, they could be given a chance to turn their lives around. By all means, monitor them and make sure they go to therapy or any other relevant service, but don't toss them behind bars and then expect them to never commit another crime again. Unfortunately, most politicians will balk at this because longer prison times make them look "tough on crime."

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    5. Re:Algorithms and bad statistics by hey! · · Score: 4, Informative

      Actually, one of the defining characteristics of psychopathy is an undersensitivity to punishment or the threat of punishment. Psychpaths do have a high degree of goal orientation. There's some interesting programs for treating psychopathic youths by teaching them to find rewards within the boundaries of social norms.

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  2. That's not a mistake by Anonymous Coward · · Score: 5, Funny

    quote: even mistaking members of Congress for convicted criminals

    If there ever was a non-mistake, that would be it.

    1. Re:That's not a mistake by Anonymous Coward · · Score: 3, Funny

      264 member of Congress have used a taxpayer fund of $17 million to pay off sexual harassment accusers. That is half of the 538 total members.
      Paying off an accuser and not declaring it to the FEC is a felony, Michael Cohen is charged with a felony and 5 years for doing the same with Stormy Daniels.
      Congress is not subject to FOIA requests, and are refusing to list the names of those involved. They know felonies have been committed and are protecting those felons. That is aiding a felon after the fact, and is a felony itself in some (maybe all states).

      So yes, Congress is full of convictable felons. Pretty much all of them. In addition I'm sure some of the 264 sexual harassment accusers are legit and the Congress person committed felony sexual harassment. Just last week Sandra Jackson Lee (D-TX) fired a worker for accusing a Congressional employee of raping her, so it is still going on.

  3. Obvious racism in enforcement. by HornWumpus · · Score: 3, Insightful

    The most blatant statistic that shows cultural racism is the crime clearance rate by race of the victim.

    The computer should send many more cops into 'communities of color', not doing so is racist!

    They aren't getting their 'fair share' of law enforcement, as seen by the fact that blacks are shot at a lower rate than their share of crime committed. Until 40%+ of those shot by cops are black, they aren't being treated fairly.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  4. Failure in the US Justice system. by jellomizer · · Score: 5, Insightful

    The United States doesn't a a Justice system, but a punishment system.
    It is running off the Old Idea. If we treat the population like pre-teen kids, where punishment is an effective way to curve behavior, and prevent this from happening.

    Now lets not straw man this, and talk about murderers, and the harden criminals, where harsher sentence are needed.
    Most Americans Jailed are for lower level crimes, crimes of passion, or crimes because they couldn't find an effective legal way out.
    The cost of keep these people in jail, is often far more then their hindrance too society that they caused.

    We can be tough on crime, without jailing everyone. Jailing should be used only if the criminal is considered too much of a risk to the general public. They are other ways to punish and rehabilitate criminals. Such as Home Confinement or Monitored Home Confinement, where the criminal can still go to work, and live their life, but just cannot travel anywhere he wants and when. Giving them a life, while making sure they don't go out of bounds. There is also just general relocation, sometimes the criminal causes crime, because they are living in a place that fosters such activity. Then there should be more effort in educations, and showing people a better way out.
    People shouldn't be able to get away with criminal activity. But just locking them up isn't justice. It is just being cruel, and wanting revenge for their damage.

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    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  5. Re:Putting the cart before the horse. by Locke2005 · · Score: 4, Insightful

    All your insurance is based on statistical risk assessment too... is it all invalid? Should you be in the same risk pool as alcoholics and meth users?

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    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  6. Not AI, they are simply poorly weighted checklists by spazmonkey · · Score: 5, Informative

    I have been at the receiving end of these. They are far simpler and more biased than anyone would reasonably expect. They are likely the result of a self-styled 'expert', as they are certainly never vetted in any academic sense, and they show a lot of that person/teams biases. They put the vast majority of the weighting on income and upbringing, meaning a minor non-violent criminal with a background of childhood poverty will be treated as much larger threat than a wealthy murderer. Just for a bit of background, I shot someone. I have no delusions that the money and privilege of being a white professional with a lawyer changed my outcome in the courtroom and DA negotiation side. Were I poor and minority I likely would have been in the system for life. But beyond that, once into the system, the imbalance continued. On a threat scale of 0 to 100, I rated something like a 2. It was absurd. Mainly because the questions were weighted toward things like how long I had been at an address, and if I owned or rented. Also previous convictions REGARDLESS OF TYPE. I knocked all those questions out of the park. If some poor minority kid with little education and a few tickets and a minimum wage job who had recently changed apartments got caught with a joint, they would have scored something like at least a 50 as a baseline. Which means I got an immediate and almost unsupervised walk (not a day in jail, call in once a month), while our hypothetical joint owner would have been locked up with at least a medium threat rating. TL,DR; This has nothing to do with AI, more what some white, educated social worker pulled from very flawed data filtered through their biases.

  7. Re:Black Lives Don't Matter by DigiShaman · · Score: 3, Insightful

    When "blacks" stop doing culturally stupid shit like committing acts of violence then they wont be in jail. Stop judging them on their skin color and judge them based on their actions. And most importantly, don't give anyone a pass/handycap based on race; for that in of itself is racism!

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  8. Re:The US imprisons a higher percentage of its peo by ShanghaiBill · · Score: 5, Informative

    Quoting the Slashdot story summary: "The US imprisons more people than any other country in the world."

    It is more correct to say, "The US imprisons a higher percentage of its people than any other country in the world."

    Either is correct. America is the world leader both in percent and absolute number of prisoners. China is the only other country that even comes close. China imprisons about a quarter as many people as a percentage, but even if you include the "re-education" camps in Xinjiang they are still below America in absolute numbers.

    Prison is a big, profitable business in the United States. The companies that manage prisons are paid up to $70,000 per prisoner, per year.

    Private prisons are a problem, and in my opinion should be shut down. But prison unions in government run prisons are also a big problem. The California prison union was a big financial supporter of the "three strikes" law that caused prison populations to soar, locking up thousands of non-violent geriatric geezers that should be in nursing homes instead of prison cells.

    Private prisons and prison unions both work to not only lock up more offenders and lengthen sentences, but also to increase recidivism. It is well known that prisoners that keep in touch with their families and friends are more likely to successfully reintegrate with society. So the prisons actively work to prevent that, by moving prisoners out-of-state, denying visits for capricious reasons, and making phone calls expensive and infrequent.

    It is a rotten corrupt process, and we all pay the price.

  9. Humans also use algorithms by Cipheron · · Score: 3, Insightful

    One important missing part of the story is how does the decision-making of algorithms fare against decision-making of humans?

    Just like self-driving cars, the important thing for law enforcement AI isn't the absolute rate of errors in judgement, it's the relative rate of errors compared to humans making those decisions. Human decision making is far from perfect, so we shouldn't throw out algorithmic tools completely because they don't end up magically being correct 100% of the time. They just have to be at least 1% more consistent than we are to be of overall benefit. Remember, the goal here is to *reduce* the prison population through the use of AI. Less people will end up in prison due to the algorithms than would otherwise be there. Sure, it will make some mistakes, but overall, less people will be in prison compared to the human-judgement based system, because that is the metric the AIs are being trained to improve. If the prison population drops by 30% due to AI optimization, then that means a LOT less black people in prison, so even if the percentage error rate was a bit higher, less black people would be negatively impacted.

  10. WTF! by The+Grim+Reefer · · Score: 5, Interesting

    Put another way, 1 in 38 adult Americans was under some form of correctional supervision.

    All victimless crimes need to be removed from the books. If someone wants to smoke pot, do coke, or what ever, let them. But also spend money on better education. Work on the root cause of why this is the case. Obviously there are some people who are going to waste their life. But it's a hell of a lot less than the wasted lives we have with people in prison, or who get out and will never be able to find a meaningful job afterward. Tax drugs and use the money to help people too. This eliminates the money made by current criminals in the drug trade as well.

    If someone is publicly intoxicated, who cares. If they are making a nuisance of themselves, put them in a drunk tank until they sober up the next day. Just because someone is staggering a bit on the way home from the bar, who cares. Why is this something that can get a person prison time? If they are being belligerent or threatening others, that's a different case. But that's illegal even if you are sober.

    Prostitution is another case. As long as it's a persons choice and they are not being forced into it, why is this a crime. Pimps should be punished for sure. But if someone wants to work for a prostitute, or group of them for an agreed upon amount/percentage I don't see the issue. At least as long as it's understood that the prostitute is in charge and not the other way around. Again, taxes and education should get funding from this. As well as testing.

    While I don't necessarily agree with copyright infringement, it is not a criminal offense. This is a civil matter. But copyright law is such a mess in this county, I don't think it will be fixed in my lifetime. But no one should ever go to jail for downloading music or video. If a person gets caught for it, then they should not have to pay any more than the cost of what it would be to purchase the track on iTunes or similar service. $400,000 for one song is insane.

    Some crimes should also be judged on the circumstance as well. If someone gets pulled over for a DUI, maybe we shouldn't have the criminal justice system destroy their life. But make the punishment for a second offense much stricter. Granted, the possibility of an innocent bystander getting harmed could go up too. So this might not be the best example.

    The criminal justice system is in place to protect the citizenry, not enslave it. If 1 in 38 adults are somehow in the system, then something is obviously very wrong. The laws are in place to help protect the people, not enslave them. Our system of government was supposed to be for the people. The rich and corporations should not be able to purchase politicians either. When someone does more time for a joint than stealing a couple million from a pension fund, something is very wrong.

  11. Re:Perfect World by suutar · · Score: 4, Informative

    no, the point of the article is that algorithm training usually carries the implicit assumption that the data used to train is good, in all important ways, but the history of law enforcement has not always been fair, and that causes problems with the algorithm's outputs.

  12. Re:Not AI, they are simply poorly weighted checkli by dfm3 · · Score: 4, Insightful

    Of course they are leaving details out. Because the details about what happened wouldn't contribute any more toward their argument. By their own admission, GP did something worse than get "caught with a joint" and yet their punishment was much less severe than that hypothetical kid would have received for a much lesser infraction. I assume by the way they worded their post that GP was able to enter a plea deal, which is an opportunity that might be denied to someone who is determined by an algorithm to be more of a "risk" - and that's exactly the issue at hand.

    Note that TFA uses language such as "defendant" and not "convicted criminal"; the problem is that one does not have to be convicted of a crime to have their life ruined. Actually, one doesn't even have to be charged with a crime. Imagine a scenario where someone is detained for a day or two then released without being charged with any crime, because an algorithm decides that they might be a risk, and in the meantime because they don't show up to work they lose their job. Whereas if another person, say someone charged with a crime, is let go within a very short timeframe on promise of making a phone call the next morning, or is allowed to post bail while awaiting trial, they might not suffer any major life interruption.

  13. Re:Perfect World by sjames · · Score: 4, Insightful

    If nobody calls out things that are broken, how the hell will they get fixed? Who the hell needs these newfangled electric lights anyway. Quit your bitching about oil lamps.