jm + sentencing   2

In Wisconsin, a Backlash Against Using Data to Foretell Defendants’ Futures - The New York Times
More trial-by-algorithm horrors:
Company officials say the algorithm’s results are backed by research, but they are tight-lipped about its details. They do acknowledge that men and women receive different assessments, as do juveniles, but the factors considered and the weight given to each are kept secret.

“The key to our product is the algorithms, and they’re proprietary,” said Jeffrey Harmon, Northpointe’s general manager. “We’ve created them, and we don’t release them because it’s certainly a core piece of our business. It’s not about looking at the algorithms. It’s about looking at the outcomes.”

That secrecy is at the heart of Mr. Loomis’s lawsuit. His lawyer, Michael D. Rosenberg, who declined to be interviewed because of the pending appeal, argued that Mr. Loomis should be able to review the algorithm and make arguments about its validity as part of his defense. He also challenges the use of different scales for each sex.

The Compas system, Mr. Rosenberg wrote in his brief, “is full of holes and violates the requirement that a sentence be individualized.”
ethics  compas  sentencing  wisconsin  northpointe  law  trial-by-algorithm  algorithms 
june 2016 by jm
Punished for Being Poor: Big Data in the Justice System
This is awful. Totally the wrong tool for the job -- a false positive rate which is miniscule for something like spam filtering, could translate to a really horrible outcome for a human life.
Currently, over 20 states use data-crunching risk-assessment programs for sentencing decisions, usually consisting of proprietary software whose exact methods are unknown, to determine which individuals are most likely to re-offend. The Senate and House are also considering similar tools for federal sentencing. These data programs look at a variety of factors, many of them relatively static, like criminal and employment history, age, gender, education, finances, family background, and residence. Indiana, for example, uses the LSI-R, the legality of which was upheld by the state’s supreme court in 2010. Other states use a model called COMPAS, which uses many of the same variables as LSI-R and even includes high school grades. Others are currently considering the practice as a way to reduce the number of inmates and ensure public safety. (Many more states use or endorse similar assessments when sentencing sex offenders, and the programs have been used in parole hearings for years.) Even the American Law Institute has embraced the practice, adding it to the Model Penal Code, attesting to the tool’s legitimacy.

(via stroan)
via:stroan  statistics  false-positives  big-data  law  law-enforcement  penal-code  risk  sentencing 
august 2014 by jm

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