Sentencing and Artificial Intelligence

Oxford: OUP (2022)
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Abstract

Is it morally acceptable to use artificial intelligence (AI) in the form of computer-driven algorithms in the determination of sentences on those who have broken the law? If so, how should such algorithms be used? This book is the first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of AI at sentencing. It deals with a wide range of highly pertinent issues, such as the following: Should algorithmic-based decision-making be transparent? If so, what does this mean and why is it important? Does a conflict between algorithmic transparency and algorithmic accuracy always constitute a moral dilemma? What does it mean to require that algorithmic sentencing decisions should be fair? When should an algorithm be regarded as discriminatory? Is it acceptable to use algorithms to produce risk assessments of future criminal conduct? Can algorithms ever be used in the exercise of mercy? Should AI only be used to guide judicial decision-making or could it ever be justified to replace a human sentencing judge with a robojudge?

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Julian Roberts
Ludwig Maximilians Universität, München

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