Sentencing Disparity and Artificial Intelligence

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

Abstract

The idea of using artificial intelligence as a support system in the sentencing process has attracted increasing attention. For instance, it has been suggested that machine learning algorithms may help in curbing problems concerning inter-judge sentencing disparity. The purpose of the present article is to examine the merits of this possibility. It is argued that, insofar as the unfairness of sentencing disparity is held to reflect a retributivist view of proportionality, it is not necessarily the case that increasing inter-judge uniformity in sentencing is desirable. More generally, it is shown that the idea of introducing machine learning algorithms, that produce sentencing predictions on the ground of a dataset that is built of previous sentencing decisions, faces serious problems if there exists a discrepancy between actual sentencing practice and the sentences that are ideally desirable.
OriginalsprogEngelsk
TidsskriftThe Journal of Value Inquiry
Vol/bind57
Udgave nummer3
Sider (fra-til)447-462
Antal sider16
ISSN0022-5363
DOI
StatusUdgivet - sep. 2023

Emneord

  • Artificial Intelligence
  • Disparity
  • Machine learning
  • Proportionality
  • Sentencing

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