Hate/bias crimes, according to what we may call the literal interpretation, are crimes distinguished by their connection to a certain kind of motive. Hate crime laws and sentencing provisions state...

This paper assesses the extent to which enhancing a penalty for hate crimes is a necessity. It conducts its analysis by looking at the theoretical justifications for and against such enhancement and also the impact of hate crimes on their victims, their groups and society, in comparison to non-bias crimes. It recognizes the particularly damaging effect of hate crimes on these three levels but argues that care must be taken to ensure a high threshold framework and a clear vision (...) in terms of protected characteristics. It argues that if penalty enhancements are to be any use, victims should be empowered to access the criminal justice system whilst the right to freedom of expression must be preserved. The paper commences with a definitional and conceptual framework of hate crimes, proceeds with the theoretical argumentations for and against hate crime legislation, conducts a legislative analysis of hate crimes, using examples from around the world as well as an assessment of the approach of the European Court of Human Rights to hate crime. (shrink)

Neuroscience research, like all science, is vulnerable to the influence of extraneous values in the practice of research, whether in research design or the selection, analysis and interpretation of data. This is particularly problematic for research into the biological mechanisms that underlie behavior, and especially the neurobiological underpinnings of moral development and ethical reasoning, decision-making and behavior, and the other elements of what is often called the neuroscience of ethics. The problem arises because neuroscientists, like most everyone, bring to their (...) work assumptions, preconceptions and values and other sources of potentially inappropriate bias of which they may be unaware. It is important that the training of neuroscientists, and research practice itself, include open and in-depth discussion and examination of the assumptions that underlie research. Further, policy makers, journalists, and the general public, that is, the consumers of neuroscience research findings (and by extension, neurotechnologies) should be made aware of the limitations as well as the strengths of the science, the evolving nature of scientific understanding, and the often invisible values inherent in science. (shrink)

This chapter reaches the following conclusions about laws that enhance punishment for criminal conduct prompted by group hatred or bias:Hatred should not be either a necessary or a sufficient condition for enhanced punishment.Enhanced punishment is justifiable when bias crimes display greater culpability, express disrespect for the victim’s group, or cause either greater psychic harm to the victim or group-specific outrage in the victim’s community.Properly designed bias crime laws do not improperly punish for thoughts or character.Such laws (...) are more defensible if they require that the actor’s primary motive was animus toward the disfavored group.There is no principled reason to require that such laws merely enhance punishment for an already existing parallel crime.Increasing punishment significantly because of bias may violate principles of proportionality. (shrink)

This paper performs a critical review of twin and adoption studies looking at possible genetic factors in criminal and antisocial behavior. While most modern researchers acknowledge that family studies are unable to separate possible genetic and environmental influences, it is argued here that twin studies are similarly unable to disentangle these influences. The twin method of monozygotic–dizygotic comparison is predicated on the assumption that both types of twins share equal environments, and it is argued here that this assumption is false. (...) Adoption studies have been promoted as a better way of separating genetic and environmental influences. However, there is good reason to believe that adoption studies of criminal and antisocial behavior were confounded by selective placement factors. In addition, these studies suffered from bias and serious methodological errors. In spite of these problems, no adoption researcher claimed to have found evidence of a genetic predisposition for violent crime. It is concluded that the weight of the evidence from family, twin, and adoption studies does not support a genetic basis for any type of criminal or antisocial behavior. The historical background of genetic theories of criminality is also discussed. (shrink)

Scientific developments take place in a socio-political context but scientists often ignore the ways their innovations will be both interpreted by the media and used by policy makers. In the rush to neuroscientific discovery important questions are overlooked, such as the ways: (1) the brain, environment and behavior are related; (2) biological changes are mediated by social organization; (3) institutional bias in the application of technical procedures ignores race, class and gender dimensions of society; (4) knowledge is used to (...) the advantage of the powerful; and (5) its applications may reinforce existing structures of power that pose ethical questions about distributive justice. The case of crime, deception and functional Magnetic Resonance Imaging (fMRI) shows the complexity, and the political and ethical challenges that confront those who seek to use neuroscience to explain the etiology of crime, and who base policy on its findings. An ethically grounded neuroscience needs to take account of existing structures of power and difference, and to develop a public neuropolitical consciousness that ensures that those subject to risk by the application of science and technology are participants in the decision-making processes involving the implementation of policies that affect them. (shrink)

In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He (...) or she could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agent’s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a woman’s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agent’s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime. (shrink)

The use of predictive systems has become wider with the development of related computational methods, and the evolution of the sciences in which these methods are applied Solon and Selbst and Pedreschi et al.. The referred methods include machine learning techniques, face and/or voice recognition, temperature mapping, and other, within the artificial intelligence domain. These techniques are being applied to solve problems in socially and politically sensitive areas such as crime prevention and justice management, crowd management, and emotion analysis, (...) just to mention a few. However, dissimilar predictions can be found nowadays as the result of the application of these methods resulting in misclassification, for example for the case of conviction risk assessment Office of Probation and Pretrial Services or decision-making process when designing public policies Lange. The goal of this paper is to identify current gaps on fairness achievement within the context of predictive systems in artificial intelligence by analyzing available academic and scientific literature up to 2020. To achieve this goal, we have gathered available materials at the Web of Science and Scopus from last 5 years and analyzed the different proposed methods and their results in relation to the bias as an emergent issue in the Artificial Intelligence field of study. Our tentative conclusions indicate that machine learning has some intrinsic limitations which are leading to automate the bias when designing predictive algorithms. Consequently, other methods should be explored; or we should redefine the way current machine learning approaches are being used when building decision making/decision support systems for crucial institutions of our political systems such as the judicial system, just to mention one. (shrink)

It is rather uncontroversial that gender should have no influence on treating others as equal epistemic agents. However, is this view reflected in practice? This paper aims to test whether the gender of the testifier and the accused of assault is related to the perception of a testimony’s reliability and the guilt of the potential perpetrator. Two experiments were conducted: the subjects (n = 361, 47% females, 53% males) assessed the reliability of the testifier in four scenarios of assault accusation, (...) in which the only difference was the gender of the people presented. During the study, we have observed dependencies of gender and ascription of reliability, but only marginal differences in guilt attribution. The results of our research may constitute an argument for the existence of different epistemic status endowed on people depending on their gender and existing gender stereotypes. Our results suggest that gender bias may be situated at a deeper level than the linguistically triggered representation. (shrink)

According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other retributive (...) attitude. What makes retributive attitudes fitting is that they protect the victim’s status as inviolable. Hate or bias crimes dramatize the expressive aspect of crime, as they are often designed to send a message to the victim’s group and society at large. Treating the enactment of contempt and denigration toward a historically underprivileged group as an aggravating factor in sentencing may be an appropriate way to counter this message, as it reaffirms and indeed realizes the fundamental equality and inviolability of all members of a democratic community. (shrink)

Hatred: Understanding Our Most Dangerous Emotion The first in-depth philosophical analysis of personal hate and group hate, Hate: Understanding Our Most Dangerous Emotion explores how personal hatred can foster domestic violence and emotional abuse, how hate-proneness is a main contributor to the aggressive tendencies of borderlines, narcissists and psychopaths, how seemingly ordinary people embark on some of history's worst hate crimes, and how cohesive groups, subjected to spontaneous forces of group polarization, can develop extremist viewpoints of the sort that motivate (...) hate crimes, mass shootings, and terrorism. The book's first part explores hate in intimate relationships, looking for an answer to the question of why our intimate relationships can survive hate and resentment, but not disrespect or contempt. Berit "Brit" Brogaard shows that where contempt creates an irreparable power imbalance, hate is tied to fear, which our brains may reinterpret as thrill, attraction and excitement. But this can also make hate a dangerous emotion that convinces people to hang onto abusive relationships. When tied to vengeance and the dark triad of personality, hate is not only dangerous but also dehumanizing. Vengeance and the dark personalities are not essential to hate, however. Without them, hate can have more admirable ends. The book's second part explores the polarizing forces that can bias cohesive groups of like-minded individuals and contribute to what is effectively a hate crisis. Drawing on history, politics, legal theory, philosophy, and psychology, Brogaard shows how cultural myths about femininity, ethnic groups, and the land of opportunity perpetuate misogyny, white supremacy and anti-Semitism. But, she argues, politicians and policymakers have it in their power to address the hate crisis through legislation that preserves the original incentive behind the first-amendment right to free speech. (shrink)

This chapter contains sections titled: Attribution Bias in the Trials of Accused Serial Killers Introduction The Case of Doug Clark Situationism and Destructive Behavior Attribution Biases Seeing Ghosts “Ewww…Guilty!” “You people are all…” “Aren't you the guy who…?” Doug Clark Again Conclusion.

Plagiarism is increasingly evident in business and academia. Though links between demographic, personality, and situational factors have been found, previous research has not used actual plagiarism behavior as a criterion variable. Previous research on academic dishonesty has consistently used self-report measures to establish prevalence of dishonest behavior. In this study we use actual plagiarism behavior to establish its prevalence, as well as relationships between integrity-related personal selection and workplace deviance measures. This research covers new ground in two respects: (a) That (...) the academic dishonesty literature is subject to revision using criterion variables to avoid self bias and social desirability issues and (b) we establish the relationship between actual academic dishonesty and potential workplace deviance/white-collar crime. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on (...) purely statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

Plagiarism is increasingly evident in business and academia. Though links between demographic, personality, and situational factors have been found, previous research has not used actual plagiarism behavior as a criterion variable. Previous research on academic dishonesty has consistently used self-report measures to establish prevalence of dishonest behavior. In this study we use actual plagiarism behavior to establish its prevalence, as well as relationships between integrity-related personal selection and workplace deviance measures. This research covers new ground in two respects: (a) That (...) the academic dishonesty literature is subject to revision using criterion variables to avoid self bias and social desirability issues and (b) we establish the relationship between actual academic dishonesty and potential workplace deviance/white-collar crime. (shrink)

Plagiarism is increasingly evident in business and academia. Though links between demographic, personality, and situational factors have been found, previous research has not used actual plagiarism behavior as a criterion variable. Previous research on academic dishonesty has consistently used self-report measures to establish prevalence of dishonest behavior. In this study we use actual plagiarism behavior to establish its prevalence, as well as relationships between integrity-related personal selection and workplace deviance measures. This research covers new ground in two respects: (a) That (...) the academic dishonesty literature is subject to revision using criterion variables to avoid self bias and social desirability issues and (b) we establish the relationship between actual academic dishonesty and potential workplace deviance/white-collar crime. (shrink)

Equality before the law is one of the fundamental guarantees citizens expect in a just and fair society. We argue that recent trend toward mass incarceration, which has had vastly disproportionate impact on African Americans, is undermining this claim to fairness and raises a serious legitimacy problem for the legal system as a whole. Using original data from the Race, Crime and Public Opinion study we show that African Americans view the 'War on Drugs" as racially biased in its (...) implementation. This perception of bias consequentially undermines legal system legitimacy by lowering blacks' expectations for police performance in their communities and encouraging receptivity to appeals for jury nullification based on race. (shrink)

Predictive policing, the practice of using of algorithmic systems to forecast crime, is heralded by police departments as the new frontier of crime analysis. At the same time, it is opposed by civil rights groups, academics, and media outlets for being ‘biased’ and therefore discriminatory against communities of color. This paper argues that the prevailing focus on racial bias has overshadowed two normative factors that are essential to a full assessment of the moral permissibility of predictive policing: (...) fairness in the social distribution of the benefits and burdens of policing as well as the distinctive role of consent in determining fair distribution. When these normative factors are given their due attention, several requirements emerge for the fair implementation of predictive policing. Among these requirements are that police departments inform and solicit buy-in from affected communities about strategic decision-making and that departments favor non-enforcement-oriented interventions. (shrink)

This paper presents a novel philosophical analysis of the problem of law enforcement’s use of biased face recognition technology in liberal democracies. FRT programs used by law enforcement in identifying crime suspects are substantially more error-prone on facial images depicting darker skin tones and females as compared to facial images depicting Caucasian males. This bias can lead to citizens being wrongfully investigated by police along racial and gender lines. The author develops and defends “A Liberal Argument Against Biased (...) FRT,” which concludes that law enforcement use of biased FRT is inconsistent with the classical liberal requirement that government treat all citizens equally before the law. Two objections to this argument are considered and shown to be unsound. The author concludes by suggesting that equality before the law should be preserved while the problem of machine bias ought to be resolved before FRT and other types of artificial intelligence are deployed by governments in liberal democracies. (shrink)

Judges in multiple US states, such as New York, Pennsylvania, Wisconsin, California, and Florida, receive a prediction of defendants’ recidivism risk, generated by the COMPAS algorithm. If judges act on these predictions, they implicitly delegate normative decisions to proprietary software, even beyond the previously documented race and age biases. Using the ProPublica dataset, we demonstrate that COMPAS predictions favor jailing over release. COMPAS is biased against defendants. We show that this bias can largely be removed. Our proposed correction increases (...) overall accuracy, and attenuates anti-black and anti-young bias. However, it also slightly increases the risk that defendants are released who commit a new crime before tried. We argue that this normative decision should not be buried in the code. The tradeoff between the interests of innocent defendants and of future victims should not only be made transparent. The algorithm should be changed such that the legislator and the courts do make this choice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:M. C. Henberg GEORGE ELIOT'S MORAL REALISM No moment in the history of ethics could be more propitious than the present for a comprehensive restudy of George Eliot's moral realism. Analysis of the "logic" of moral language has proved barren, prescriptivism is in full flight, and schematic divisions of moral theories into descriptive versus normative, deontological versus teleological, or substantive versus meta-ethical have promised much but delivered little. Such (...) distinctions dominate maps to the modern moral terrain, but awanderer in the land ofchoice itselfstill finds himselfwithout signposts. A particularly unhealthy bias in contemporary ethics has been the belief that moral principles ought to withstand all counterexamples, however plausible or implausible, whether concocted from a sense of men's actual capacities or from a fondness for outrageous possibilities, many of them lifted from the pages of science fiction. If moral rules do not govern in hard cases, it is thought, they do not govern at all. Few philosophers have bothered to distinguish between the hard cases common to men's actual choices and the hard cases confronted by one man in a million or by the imagined inhabitants of some future world. (Witness, for example, the present preoccupation with "lifeboat ethics" and ask yourself how many actual moral choices are so starkly dramatic.) Any logically possible circumstance is too often assumed to qualify as a fruitful area for moral investigation; and any conceivable counterexample, achieved by whatever stretch of the imagination, is assumed to be fair ammunition in the debate over principles. Closely related to this first bad tendency in modern philosophical ethics is another, equally bad. Too often the examples used are of little moral significance, obviously conceived to make a point rather than to direct attention to commonplace but nonetheless important circumstances where informed choice is essential. Philosophy journals have treated us to discussions about whether failing to wear tennis whites is or is not "rude" and about whether a first sinner's crossing of a patch of lawn does or does not have a "threshold-related effect" 20 M. C. Henberg21 which must be considered in assessing later consequences (a bare path ultimately worn in the grass). Such examples rightly earn a contemptuous snort from anyone who expects philosophy to increase our understanding in matters of serious consequence. Whatever her other accomplishments as a moralist and philosophical thinker, George Eliot never commits either of the preceding crimes. Her moral realism constitutes first and foremost an ethics aimed at the bulk of her fellow men. She yields to the theoretic impulse solely in criticizing other theories. When it comes to providing answers, she depicts fictional characters whose struggles, failings, and passions are ultimately akin to what we ourselves are likely to experience. Her ethical precepts are not aimed at proving themselves in every conceivable situation. They are instead precepts which are sometimes susceptible to ruin, just as are the changeable creatures who profess them. To know the natural boundaries of a moral rule, Eliot tells us, is as difficult and important as knowing the rule itself. Moral realism requires a combination of clear-eyed perception and imaginative sympathy—faculties ill-served by lectures on abstract principles. Eliot reminds us that our best moral judgments must be "checked and enlightened by a perpetual reference to the special circumstances that mark the individual lot" (The Mill on the Floss, Book VII, chap. 3). This emphasis in particular—found both in her early essays and early fiction—makes Eliot's moral realism a welcome anodyne to the worst tendencies of modern ethics. The discussion which follows will be confined to early works, including Scenes of Clerical Life, Adam Bede, and The Mill on the Floss. The ruminations of her authorial voice in these novels may conveniently be juxtaposed with her essays, for the works are near to one another both temporally and thematically. Later novels such as Middlemarch and Daniel Deronda—however interesting from an ethical perspective— do not lend themselves to this mode of analysis. To what extent Eliot's views are modified in these later novels constitutes a separate topic whose omission here does not reflect upon its intrinsic interest or importance. Since George Eliot offers no... (shrink)

The number of admissions to hospitals of patients without a proxy decision maker is rising. Very often these patients need fairly immediate medical intervention for which informed consent—or informed refusal—is required. Many have recommended that there be a process in place to make these decisions, and that it include a variety of perspectives. People are particularly wary of relying solely on medical staff to make these decisions. The University Hospitals Case Medical Center recruits community members from its Ethics Committee to (...) serve on a subcommittee, the Patients Without Proxies (PWP) Committee, which works with medical staff during the decision-making process for these patients. Generally, the community members go to the bedside to observe patients. This article looks at how those unused to observing hospitalized patients who are sick and/or dying are affected, comparing them to mock jurors in a research study who are exposed to graphic photographs related to a fabricated crime scene. Judgments made by the mock jurors are affected by viewing such images. The personal experience of witnessing unfamiliar and shocking scenes affects their subsequent judgments. While it may be difficult to tease out whether observing patients causes PWP members to be benefited or harmed, they are affected by what they see. If a variety of perspectives is desirable to reduce possible bias or error, this article argues that at least one community member should refrain from seeing the patient in order to add a different and valuable voice to the decision-making process. Members of the subcommittee base their judgments on the various kinds of information available. Sometimes the things they see, hear, or feel may affect them particularly deeply, and affect their judgments as well. In this article I explore the idea that something like this may be happening in a particular kind of clinical ethics case consultation. (shrink)

The study of discursive understandings of cybervictimisation draws on a dataset of crime news reporting and asks the question of if and how cybervictimisation is construed in ways that differ from other types of victimisation. Building on a critical discourse perspective employing corpus-based text analysis methods, the composition of news discourses about cybervictimisation are analysed, alongside the relationship between such representations and news media discourse on crime victimisation generally. The aim is to see what effect the presence of (...) a digital dimension has for how the notion of victimisation is socially and culturally understood. The study shows, first, that news reporting on cybervictimisation has a strong bias towards crimes that fit well with the notion of ‘the ideal victim’ while excluding other types like hacking and identity theft. The question is raised whether ‘victim’ discourse is able to account for the latter types or if new understandings and concepts will emerge. Second, the study shows that discourses promoting understandings of technology as contributing to amplifying danger, and that represent technology as potentially undermining social order, are strong in cybervictimisation news reports. These discourses are consequential for who is seen as a legitimate victim and not. Just as it can be very difficult to identify and apprehend perpetrators of cybercrime, so is also the identification and definition of cybervictims ambiguous and demands to be further researched. (shrink)

Let me begin by admitting that I am wary of any comprehensive definition of consent. This bias stems from my professional concentration on criminal law, in which nouons of freedom and responsibility play vital roles in a wide range of contexts. In each context, however, one discovers that freedom means something different. A voluntary act is any bodily movement not caused by external force or nervous disorder. On the other hand, a voluntary act, however horrific its results, ordinarily may (...) be punished only if the actor was subjectively aware that the act was wrong. In any event, a voluntary act may be excused as the product of duress if another person procures the actor's cooperation in the crime by an illegal threat that would overcome the resistance of a person of ordinary firmness. (shrink)

Many economists and philosophers assume that status quo bias is necessarily irrational. I argue that, in some cases, status quo bias is fully rational. I discuss the rationality of status quo bias on both subjective and objective theories of the rationality of preferences. I argue that subjective theories cannot plausibly condemn this bias as irrational. I then discuss one kind of objective theory, which holds that a conservative bias toward existing things of value is rational. (...) This account can fruitfully explain some compelling aspects of common sense morality, and it may justify status quo bias. (shrink)

What is a bias? Standard philosophical views of both implicit and explicit bias focus this question on the representations one harbours, for example, stereotypes or implicit attitudes, rather than the ways in which those representations are manipulated. I call this approach representationalism. In this paper, I argue that representationalism taken as a general theory of psychological social bias is a mistake, because it conceptualizes bias in ways that do not fully capture the phenomenon. Crucially, this view (...) fails to capture a heretofore neglected possibility of bias, one that influences an individual’s beliefs about or actions toward others, but is, nevertheless, nowhere represented in that individual’s cognitive repertoire. In place of representationalism, I develop a functional account of psychological social bias which characterizes it as a mental entity that takes propositional mental states as inputs and returns propositional mental states as outputs in a way that instantiates social-kind inductions. This functional characterization leaves open which mental states and processes bridge the gap between the inputs and outputs, ultimately highlighting the diversity of candidates that can serve this role. (shrink)

Empirical work has lately confirmed what many philosophers have taken to be true: people are ‘biased toward the future’. All else being equal, we usually prefer to have positive experiences in the future, and negative experiences in the past. According to one hypothesis, the temporal metaphysics hypothesis, future-bias is explained either by our beliefs about temporal metaphysics—the temporal belief hypothesis—or alternatively by our temporal phenomenology—the temporal phenomenology hypothesis. We empirically investigate a particular version of the temporal belief hypothesis according (...) to which future-bias is explained by the belief that time robustly passes. Our results do not match the apparent predictions of this hypothesis, and so provide evidence against it. But we also find that people give more future-biased responses when asked to simulate a belief in robust passage. We take this to suggest that the phenomenology that attends simulation of that belief may be partially responsible for future-bias, and we examine the implications of these results for debates about the rationality of future-bias. (shrink)

Some artificial intelligence systems can display algorithmic bias, i.e. they may produce outputs that unfairly discriminate against people based on their social identity. Much research on this topic focuses on algorithmic bias that disadvantages people based on their gender or racial identity. The related ethical problems are significant and well known. Algorithmic bias against other aspects of people’s social identity, for instance, their political orientation, remains largely unexplored. This paper argues that algorithmic bias against people’s political (...) orientation can arise in some of the same ways in which algorithmic gender and racial biases emerge. However, it differs importantly from them because there are strong social norms against gender and racial biases. This does not hold to the same extent for political biases. Political biases can thus more powerfully influence people, which increases the chances that these biases become embedded in algorithms and makes algorithmic political biases harder to detect and eradicate than gender and racial biases even though they all can produce similar harm. Since some algorithms can now also easily identify people’s political orientations against their will, these problems are exacerbated. Algorithmic political bias thus raises substantial and distinctive risks that the AI community should be aware of and examine. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the (...) outcome-driven asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Nigel Walker’s first principle of criminalization declares that ‘Prohibitions should not be included in the criminal law for the sole purpose of ensuring that breaches of them are visited with retributive punishment’. I argue that we should reject this principle, for ‘mala prohibita’ as well as for ‘mala in se’: conduct should be criminalized in order to ensure (as far as we reasonably can) that those who engage in it receive retributive punishment. In the course of the argument, I show (...) why we should not see the criminal law as consisting in ‘prohibitions’; I explain different species of mala prohibita, and show how their commission does involve genuine wrongdoing; and I show the importance of distinguishing the question of regulation from that of sanction. (shrink)

A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...) make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a threat. However, adopting an evidentialist norm under non-ideal conditions is treacherous business. I briefly survey empirical data suggesting that the type and extent of bias prevalent in the US renders a straightforward evidentialist norm unjust, and thus since the legal practice in the US relies on such a norm, we must explore avenues for reform. Preferably this will take the form of adopting a modified evidential norm, and I explore some promising options. If this proves impossible, however, then we have to accept a strict regulative norm (which does not consider any mistakes permissible), as the sole just alternative. (shrink)

In this paper, I argue against the view that the representational structure of the implicit attitudes responsible for implicitly biased behaviour is propositional—as opposed to associationist. The proposal under criticism moves from the claim that implicit biased behaviour can occasionally be modulated by logical and evidential considerations to the view that the structure of the implicit attitudes responsible for such biased behaviour is propositional. I argue, in particular, against the truth of this conditional. Sensitivity to logical and evidential considerations, I (...) contend, proves to be an inadequate criterion for establishing the true representational structure of implicit attitudes. Considerations of a different kind, which emphasize the challenges posed by the structural social injustice that implicit attitudes reflect, offer, I conclude, better support for deciding this issue in favour of an associationist view. (shrink)