Sentencing and Artificial Intelligence

by Ryberg, Jesper; Roberts, Julian V.

• ISBN13: 9780197539538
• ISBN10: 019753953X
• Format: Hardcover
• Copyright: 2022-02-04
• Publisher: Oxford University Press

Summary

The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing

Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences?

Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.

Author Biography

Jesper Ryberg is Professor of Ethics and Philosophy of Law at Roskilde University and Head of Research Group for Criminal Justice Ethics. He is the author of, among others, Neurointerventions, Crime, and Punishment (OUP 2020), Sentencing Multiple Crimes (ed. with Roberts and de Keijser; OUP 2018)
and Popular Punishment: On the Normative Significance of Public Opinion (ed. with J. V. Roberts; OUP 2014.)

Julian V. Roberts is Professor of Criminology in the Faculty of Law, University of Oxford and was a member of the Sentencing Council of England and Wales and an advisor to the American Law Institute Model Penal Code Sentencing project. His recent books include Paying for the Past (OUP 2019),
Criminal Justice: A Very Short Introduction (OUP 2015), and Popular Punishment (OUP 2014).

Table of Contents

Acknowledgements
List of Contributors

Chapter One: Sentencing and Artificial Intelligence: Setting the Stage
Jesper Ryberg and Julian V. Roberts

Chapter Two: Sentencing and Algorithmic Transparency
Jesper Ryberg

Chapter Three: Sentencing and the right to reasons
Vincent Chiao

Chapter Four: Sentencing and the Conflict Between Algorithmic Accuracy and Transparency
Jesper Ryberg and Thomas S. Petersen

Chapter Five: Algorithm-based sentencing and discrimination
Kasper Lippert-Rasmussen

Chapter Six: Learning to discriminate: The Perfect Proxy Problem in Artificially Intelligent Crime Prediction
Benjamin Davies and Thomas Douglas

Chapter Seven: Enhancing the Integrity of the Sentencing Process Through the Use of Artificial Intelligence
Mirko Bagaric and Dan Hunter

Chapter Eight: The Compassionate Computer: Algorithms, Sentencing, and Mercy
Netanel Dagan and Shmuel Baron

Chapter Nine: Algorithmic Sentencing: Drawing Lessons from Human Factors Research
John Zerilli

Chapter Ten: Plea Bargaining, Principled Sentencing, and Artificial Intelligence
Richard Lippke

Chapter Eleven: Reconciling Artificial and Human Intelligence: Supplementing and Not Supplanting the Sentencing Judge
Mathis Schwarze and Julian V. Roberts

Chapter Twelve: Artificial Intelligence and Sentencing: Humans against the Machine
Sigrid van Wingerden & Mojca Plesnicar

Chapter Thirteen: Iudicium ex Machinae - The Ethical Challenges of Automated Decision-Making at Sentencing
Frej Klem Thomsen

Index