In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out (...) of it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

Artificial intelligence is increasingly permeating many types of high-stake societal decision-making such as the work at the criminal courts. Various types of algorithmic tools have already been introduced into sentencing. This article concerns the use of algorithms designed to deliver sentence recommendations. More precisely, it is considered how one should determine whether one type of sentencing algorithm (e.g., a model based on machine learning) would be ethically preferable to another type of sentencing algorithm (e.g., a model based (...) on old-fashioned programming). Whether the implementation of sentencing algorithms is ethically desirable obviously depends upon various questions. For instance, some of the traditional issues that have received considerable attention are algorithmic biases and lack of transparency. However, the purpose of this article is to direct attention to a further challenge that has not yet been considered in the discussion of sentencing algorithms. That is, even if is assumed that the traditional challenges concerning biases, transparency, and cost-efficiency have all been solved or proven insubstantial, there will be a further serious challenge associated with the comparison of sentencing algorithms; namely, that we do not yet possess an ethically plausible and applicable criterion for assessing how well sentencing algorithms are performing. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that (...) the resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive (...) or inapplicable. The chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

In this article, I show why it is necessary to abolish the use of predictive algorithms in the US criminal justice system at sentencing. After presenting the functioning of these algorithms in their context of emergence, I offer three arguments to demonstrate why their abolition is imperative. First, I show that sentencing based on predictive algorithms induces a process of rewriting the temporality of the judged individual, flattening their life into a present inescapably doomed by its past. Second, (...) I demonstrate that recursive processes, comprising predictive algorithms and the decisions based on their predictions, systematically suppress outliers and progressively transform reality to match predictions. In my third and final argument, I show that decisions made on the basis of predictive algorithms actively perform a biopolitical understanding of justice as management and modulation of risks. In such a framework, justice becomes a means to maintain a perverse social homeostasis that systematically exposes disenfranchised Black and Brown populations to risk. (shrink)

A criminal conviction can trigger numerous burdensome legal consequences beyond the formal sentence. Some charge that these “collateral” legal consequences (CLCs) constitute additional measures of punishment, which raises the further question of whether judges should consider these CLCs when making sentencing decisions, reducing the formal sentence in proportion to the severity of the CLCs the defendant will face. The idea that all CLCs constitute forms of punishment reflects a particular conception of punishment, which I call the “minimalist view.” In (...) this paper, I argue against the minimalist view. I contend that on a more adequate conception of punishment, some but not all CLCs constitute punishment. I also argue that whether judges should consider CLCs in sentencing decisions depends on whether the relevant CLCs constitute punishment. (shrink)

In November, 1991, the U.S. Congress enacted the U.S. Federal Sentencing Guidelines legislation which had a dramatic impact on corporate America. Can the Guidelines be used as a model or framework by other countries? Could other countries in the world benefit from adopting a similar piece of legislation? Are there any limitations to consider? In addressing these issues, the authors make the argument that the time has arrived for other countries to consider the development of legislation similar to the (...) Guidelines in order to improve organizational ethics. (shrink)

A number of increasingly sophisticated technologies are now being used to support complex decision-making in a range of contexts. This paper reports on work undertaken to provide decision support in the discretionary domain of sentencing by referring to a recently created Toulmin argument based model that involves the interplay and weighting of relevant rule-based and discretionary factors used in a decisional process. Judicial discretion, particularly in the sentencing phase, is one of the mainstays of justice systems that favour (...) individualised justice. The study discusses the modelling process in Victorian courts in Australia, where the handing down of an appropriate custodial or non-custodial sentence requires the consideration of many factors. Tools and techniques used to capture relevant expert knowledge and display it both as a paper model and as an online prototype application are discussed. (shrink)

This article focuses on Court of Appeal sentencing practice in cases of marital and relationship rape. In particular, it examines the sentencing principle set out in the case of Berry in which it was stated that cases of marital and relationship rape sometimes involve less 'violation' and 'defilement' than cases of stranger rape and consequently are given reduced sentences. This article argues against such an approach on the basis that it is poorly reasoned and lacks support from the (...) research literature on rape trauma. In addition, a statistical analysis of Court of Appeal sentencing appeals indicates that the Berry principle is seriously undermining the Billam sentencing guidelines for rape. An analysis of appellate decisions in the USA indicates a very different attitude to the seriousness of marital and relationship rape based upon a willingness of the appellate judges to utilize research evidence in their decisions. (shrink)

This project explores the "contradiction" that critics contend lies at the heart of the Supreme Court's capital sentencing jurisprudence. The doctrine of "guided discretion," represents the Court's attempt to achieve both consistency and individuation in capital sentencing. Guided discretion rejects the unbridled sentencing discretion of an earlier era that resulted in sentencing decisions that were "arbitrary and capricious." At the same time, guided discretion requires juries to give individualized consideration to the facts and circumstances of individual (...) defendants. Critics contend that consistency and individuation are mutually exclusive, and that "guided discretion" is a contradiction in terms. ;The analysis first attempts to isolate the moral dimension of the capital punishment debate, arguing that such analytical clarity is essential to any defensible view of capital punishment. Second, it sets forth and defends the coherence approach to moral and legal justification, according to which the specific moral and legal principles relevant to capital sentencing are evaluated for their compatibility with the principles of the legal system more generally. Third, the analysis canvasses the traditional justifications for punishment, as well as the development of the Court's capital sentencing jurisprudence, and identifies retribution and deterrence as the most promising rationales for the death penalty. Fourth, the claim of contradiction is considered in the context of legal liberalism, which, contrary to critics, has ample resources to accommodate the doctrinal balancing act that guided discretion entails. Moreover, examination of a typical capital sentencing statute establishes that the doctrine of guided discretion is compatible with at least some forms of retributivism and with traditional principles of deterrence. Finally, the analysis recognizes the limits of philosophical consistency. The capital sentencing process presents daunting practical challenges that a theoretical defense of guided discretion cannot fully address. Substantial reforms are needed before the theoretical coherence of guided discretion can be translated into a constitutionally defensible capital sentencing process. (shrink)

In this article, we take a novel approach to analysing English sentencing remarks in cases of women who kill. We apply computational, quantitative, and qualitative methods from corpus linguistics to analyse recurrent patterns in a collection of English Crown Court sentencing remarks from 2012 to 2015, where a female defendant was convicted of a homicide offence. We detail the ways in which women who kill are referred to by judges in the sentencing remarks, providing frequency information on (...) pronominal, nominative, and categorising naming strategies. In discussion of the various patterns of preference both across and within these categories, we remark upon the identities constructed through the references provided. In so doing, we: quantify the extent to which members of the judiciary invoke patriarchal values and gender stereotypes within their sentencing remarks to construct female defendants, and identify particular identities and narratives that emerge within sentencing remarks for women who kill. We find that judges refer to women who kill in a number of ways that systematically create dichotomous narratives of degraded victims or dehumanised monsters. We also identify marked absences in naming strategies, notably: physical identification normally associated with narrativization of women’s experiences; and the first person pronoun, reflecting omissions of women’s own voices and narratives of their lived experiences in the courtroom. (shrink)

Judges are typically tasked to consider sentencing benefits but not costs. Previous research finds that both laypeople and prosecutors discount the costs of incarceration when forming sentencing attitudes, raising important questions about whether professional judges show the same bias during sentencing. To test this, we used a vignette-based experiment in which Minnesota state judges reviewed a case summary about an aggravated robbery and imposed a hypothetical sentence. Using random assignment, half the participants received additional information about plausible (...) negative consequences of incarceration. As predicted, our results revealed a mitigating effect of cost exposure on prison sentence term lengths. Critically, these findings support the conclusion that policies that increase transparency in sentencing costs could reduce sentence lengths, which has important economic and social ramifications. (shrink)

This essay examines Martha Nussbaum's prescription for tempering retribution with mercy in the capital sentencing process. Nussbaum observes that the operation of retribution in the ancient world resulted in harsh and indiscriminate punishment without regard to the particularities of the offender and his crime. In the interest of mercy, Nussbaum advocates the use of the novel as a model for a more compassionate sentencing process. An examination of Nussbaum's ``novel prescription'' reveals that the retribution that operates in the (...) modern criminal law, and in the Supreme Court's capital sentencing jurisprudence, already accommodates the values of justice –individuation, particularization, and proportionality – that are characteristic of the mercy tradition. Moreover, the rich narrative approach that Nussbaum favors is by no means congenial to merciful punishment. Because the particularistic detail of the novel form is not confined to the sympathetic portrayal of the defendant, the emotionalism that Nussbaum urges encompasses as well emotional details about the characteristics of the defendant's victim. Such victim impact evidence is consistent with the novel form, but is unlikely to promote merciful judgment. Instead, the details of victim impact evidence can be expected to exacerbate a sentencing authority's inclination to judge a capital defendant harshly. The novel thus provides a poor model for the capital sentencing process because it fosters the sort of unchecked emotionalism that undermines the rational decision making that the Supreme Court has sought to achieve. (shrink)

Although Business Ethics has become a topic of wide discussion in both academia and the corporate world, questions remain as how to present ethical issues in a manner that will effectively influence the decisions and behavior of business employees. In this paper we argue that the Federal Sentencing Guidelines (FSG) offer a unique opportunity for bridging the gap between the theory and practice of business ethics. We first explain what the FSG are and how they apply to organizations. We (...) then show how discussions of the FSG might be used in business ethics courses in a way that is both theoretically sound and practically applicable. Finally, we show how the requirements of the FSG can be used by companies to develop effective ethical compliance programs. As such, we maintain that the FSG provide a powerful heuristic tool for the teaching and training of business ethics. (shrink)

This is an essay about the philosophical and practical problems associated with the concept of punishment for corporations that have grievously broken the law. It is specifically an essay about the special incentives that the U.S. Government has put in place to encourage American corporations to create comprehensive ethics programs and observe them faithfully. First, I will look at the sorts of obstacles to effective punishment of recalcitrant corporations that eventually prompted extraordinary measures by the U.S. Government. Then I will (...) present a detailed description of the Federal Sentencing Guidelines which took effect on November 1, 1991, describe what they entail, examine what purposes for which they were intended and question how likely they will be to accomplish their objectives. Finally, we will raise the question whether such policies will help further corporate social responsibility and ethical conduct in the workplace. (shrink)

The presence of predictive AI has steadily expanded into ever-increasing aspects of civil society. I aim to show that despite reasons for believing the use of such systems is currently problematic, these worries give no indication of their future potential. I argue that the absence of moral limits on how we might manipulate automated systems, together with the likelihood that they are more easily manipulated in the relevant ways than humans, suggests that such systems will eventually outstrip the human ability (...) to make accurate judgments and unbiased predictions. I begin with some reasonable justifications for the use of predictive AI. I then discuss two of the most significant reasons for believing the use of such systems is currently problematic before arguing that neither provides sufficient reason against such systems being superior in the future. In fact, there’s reason to believe they can, in principle, be preferable to human decision makers. (shrink)

On May 16, 2012, RAND brought together a group of public company directors and executives, chief ethics and compliance officers, and stakeholders from the government, academic, and nonprofit sectors for a series of conversations about organizational culture, as well as to explore the business and policy ramifications of efforts to build better ethical cultures in corporations.

This paper analyses the ethical performance of foreign-investment enterprises operating in China in comparison to that of the indigenous state-owned enterprises, collectives and private enterprises. It uses both the deontological approach and the utilitarian approach in conceptualization, and applies quantitative and econometric techniques to ethical evaluations of empirical evidences. It shows that according to various ethical performance indicators, foreign-investment enterprises have fared well in comparison with local firms. This paper also tries to unravel the effect of a difference in business (...) culture and competitive market forces on ethical performance by comparing the behavior of foreign-investment enterprises with that of the indigenous state-owned enterprises and collectives on the one hand, and with that of the indigenous private enterprises on the other. (shrink)

L’intellectuel aux multiples facettes Thomas Ebendorfer de Haselbach est l’une des figures-clés de la Vienne du xv e siècle. Cet article est une première étape pour retracer le profil académique d’Ebendorfer à travers une lecture complète des diverses rédactions de son commentaire des Sentences conservées à l’Österreichische Nationalbibliothek. Sont analysés le contenu des manuscrits et la relation des différentes rédactions avec d’autres commentaires viennois connus. On trouvera en annexe la liste complète des questions, d’après toutes les rédactions du commentaire des (...) Sentences. (shrink)

The question of basic and incorrigible sentences has appeared in connection with certain recent attempts to refine and re-define the meaning of Empiricism. More directly still, the question appears in connection with the problem of verification. It is noteworthy that the question of protocols, more than any other issue, has served to draw out the philosophical differences between the original Wiener Kreis and the Cambridge Analysts. Yet despite their differences both schools are agreed that basic sentences in some sense of (...) the word, are epistemologically necessary.But if one takes the view, say of the Instrumentalists, that all perceptual knowledge is interpretation based upon accepted theories, and corrected in the light of such theories then basic sentences are quite unnecessary. But among those who employ the term “basic” there is little agreement as to its meaning. The common use of the term has not resulted in a common understanding. And instead of drawing Empiricists together it has succeeded only in driving them apart. (shrink)

Substitution and simple sentences -- Simple sentences and semantics -- Simple sentences and implicatures -- The enlightenment problem and a common assumption -- Abandoning (EOI) -- Beyond matching propositions -- App. A : extending the account -- App. B : belief reporting.

The paper proposes the first unified account of deictic/sentence-external and sentence-internal readings of singular different . The empirical motivation for such an account is provided by a cross-linguistic survey and an analysis of the differences in distribution and interpretation between singular different , plural different and same (singular or plural) in English. The main proposal is that distributive quantification temporarily makes available two discourse referents within its nuclear scope, the values of which are required by sentence-internal uses of singular different (...) to be distinct, much as its deictic uses require the values of two discourse referents to be distinct. Thus, we take sentence-internal readings to be a form of ‘association with distributivity’ that is similar to association with focus. The contrast between singular different , plural different and same is explained in terms of several kinds of quantificational distributors that license their internal readings. The analysis is executed in a stack-based dynamic system couched in type logic, so we get compositionality in the usual Montagovian way. Quantificational subordination and dependent indefinites in various languages provide additional motivation for the account. Investigating the connections between items with sentence-internal readings and the quantificational licensors of these readings opens up a larger project of formally investigating (i) the typology of quantificational distributors and distributivity-dependent items and (ii) the fine-grained contexts of evaluation needed to capture this typological variation. (shrink)

The paper maintains (1) that Frege's quantification of sentence positions motivates his identification of sentences as proper names of truth-values; (2) that this identification is fully compatible with the 'context principle'; (3) that the relation of a thought to its truth-value is the primary case of the relation of sense to meaning. The paper offers a reconstruction of Frege's defense of (1) in pp. 33-35 of "On Sense and Meaning".

Sentencing practices in cases of domestic homicide have been the object of critical scrutiny on previous occasions across a number of jurisdictions. It has been suggested by some that these practices reveal judges to be taking a more lenient approach to women who kill their violent male partners than to men who kill allegedly unfaithful female partners. This note evaluates claims of gender bias in sentencing practices in UK cases of domestic homicide following the Court of Appeal (...) class='Hi'>sentencing decision in R. v. Suratan, R. v.Humes and R.v. Wilkinson [2002]E.W.C.A. 2982 concerning three men who killed their female partners. It will argue that in the wake of this decision current proposals to review both the substantive law of provocation and sentencing practices are to be welcomed. (shrink)

It is common to find that so-called minority languages enjoy fewer (if any) diagnostic tools than the so-called majority languages. This has repercussions for the detection and proper assessment of children with Specific Language Impairment (SLI) brought up in these languages. With a view to remedy this situation for Catalan, I developed a sentence repetition task to assess grammatical maturity in school-age children; in current practice, Catalan-speaking children are assessed with tests translated from Spanish, with disregard of the fact that (...) the markers of SLI may differ substantially from one language to another, even between closely related languages. The test proposed here is inspired by SASIT [School-Age Sentence Imitation Test – English], designed for English by Marinis et al. ( 2011 ); some of the constructions targeted are challenging in a subset of languages, but not others, and are included because they are indeed affected in Catalan SLI; other constructions appear to be disrupted universally. The test involves canonical SVO sentences, sentences with third person accusative clitics (known to be problematic in Catalan SLI, but not in Spanish), passives, wh- interrogatives, subordinate clauses, subject and object relatives and conditionals. The test was administered to thirty typically developing 6- and 7-year-olds (as reported in Gavarró et al., 2012b ), and five children diagnosed with SLI (mean age 10;7). The results of the task were scored under two systems: (i) identical vs. non-identical repetition and (ii) identical, grammatical and ungrammatical repetition, with detail regarding the error type. The results for typically developing and SLI children showed differences between the groups: identical repetition was found in 88.9% of cases for typically developing children but only 48% for SLI children. Ungrammatical productions were higher for the SLI group, and so were grammatical but different repetitions, a trend which was found in every child individually. The results are compared to those available in the literature for similar languages and I discuss the impact of grammatical variation in language performance, in both typical and impaired development. (shrink)

We give Scott sentences for certain computable groups, and we use index set calculations as a way of checking that our Scott sentences are as simple as possible. We consider finitely generated groups and torsion-free abelian groups of finite rank. For both kinds of groups, the computable ones all have computable \ Scott sentences. Sometimes we can do better. In fact, the computable finitely generated groups that we have studied all have Scott sentences that are “computable d-\” sentence and a (...) computable \ sentence). In [9], this was shown for the finitely generated free groups. Here we show it for all finitely generated abelian groups, and for the infinite dihedral group. Among the computable torsion-free abelian groups of finite rank, we focus on those of rank 1. These are exactly the additive subgroups of \. We show that for some of these groups, the computable \ Scott sentence is best possible, while for others, there is a computable d-\ Scott sentence. (shrink)

I argue for an alternative to Quine’s conception of observation sentences, one that better satisfies the roles Quine envisages for them, and that otherwise respects Quinean constraints. After reviewing a certain predicament Quine got into in balancing the needs of the intersubjectivity of observation sentences with his notion of the stimulus meaning of an observation sentence, I push for replacing the latter with what I call the ‘stimulus field’ of an observation sentence, a notion that remains ‘proximate’ but is shared (...) between different language users. Throughout, I emphasize the epistemological role of observation sentences. (shrink)

Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in (...) class='Hi'>sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology. (shrink)

The five English words—sentence, proposition, judgment, statement, and fact—are central to coherent discussion in logic. However, each is ambiguous in that logicians use each with multiple normal meanings. Several of their meanings are vague in the sense of admitting borderline cases. In the course of displaying and describing the phenomena discussed using these words, this paper juxtaposes, distinguishes, and analyzes several senses of these and related words, focusing on a constellation of recommended senses. One of the purposes of this paper (...) is to demonstrate that ordinary English properly used has the resources for intricate and philosophically sound investigation of rather deep issues in logic and philosophy of language. No mathematical, logical, or linguistic symbols are used. Meanings need to be identified and clarified before being expressed in symbols. We hope to establish that clarity is served by deferring the extensive use of formalized or logically perfect languages until a solid “informal” foundation has been established. Questions of “ontological status”—e.g., whether propositions or sentences, or for that matter characters, numbers, truth-values, or instants, are “real entities”, are “idealizations”, or are “theoretical constructs”—plays no role in this paper. As is suggested by the title, this paper is written to be read aloud. -/- I hope that reading this aloud in groups will unite people in the enjoyment of the humanistic spirit of analytic philosophy. (shrink)

Sentence boundary detection (SBD) represents an important first step in natural language processing since accurately identifying sentence boundaries significantly impacts downstream applications. Nevertheless, detecting sentence boundaries within legal texts poses a unique and challenging problem due to their distinct structural and linguistic features. Our approach utilizes deep learning models to leverage delimiter and surrounding context information as input, enabling precise detection of sentence boundaries in English legal texts. We evaluate various deep learning models, including domain-specific transformer models like LegalBERT and (...) CaseLawBERT. To assess the efficacy of our deep learning models, we compare them with a state-of-the-art domain-specific statistical conditional random field (CRF) model. After considering model size, F1-score, and inference time, we identify the Convolutional Neural Network Model (CNN) as the top-performing deep learning model. To further enhance performance, we integrate the features of the CNN model into the subsequent CRF model, creating a hybrid architecture that combines the strengths of both models. Our experiments demonstrate that the hybrid model outperforms the baseline model, achieving a 4% improvement in the F1-score. Additional experiments showcase the superiority of the hybrid model over SBD open-source libraries when confronted with an out-of-domain test set. These findings underscore the importance of efficient SBD in legal texts and emphasize the advantages of employing deep learning models and hybrid architectures to achieve optimal performance. (shrink)