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Sentencing and Artificial Intelligence

Edited by: Jesper Ryberg, Julian V. Roberts

ISBN13: 9780197539538
Published: November 2022
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £93.00



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The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing.

Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used—and what are the consequences?

Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court—that of determining legal punishment—to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.

Subjects:
Criminal Law, IT, Internet and Artificial Intelligence Law
Contents:
Chapter One: Sentencing and Artificial Intelligence: Setting the Stage
Jesper Ryberg and Julian V. Roberts
Chapter Two: Sentencing and Algorithmic Transparency
Jesper Ryberg
Chapter Three: Sentencing and the right to reasons
Vincent Chiao
Chapter Four: Sentencing and the Conflict Between Algorithmic Accuracy and Transparency
Jesper Ryberg and Thomas S. Petersen
Chapter Five: Algorithm-based sentencing and discrimination
Kasper Lippert-Rasmussen
Chapter Six: Learning to discriminate: The Perfect Proxy Problem in Artificially Intelligent Crime Prediction
Benjamin Davies and Thomas Douglas
Chapter Seven: Enhancing the Integrity of the Sentencing Process Through the Use of Artificial Intelligence
Mirko Bagaric and Dan Hunter
Chapter Eight: The Compassionate Computer: Algorithms, Sentencing, and Mercy
Netanel Dagan and Shmuel Baron
Chapter Nine: Algorithmic Sentencing: Drawing Lessons from Human Factors Research
John Zerilli
Chapter Ten: Plea Bargaining, Principled Sentencing, and Artificial Intelligence
Richard Lippke
Chapter Eleven: Reconciling Artificial and Human Intelligence: Supplementing and Not Supplanting the Sentencing Judge
Mathis Schwarze and Julian V. Roberts
Chapter Twelve: Artificial Intelligence and Sentencing: Humans against the Machine
Sigrid van Wingerden & Mojca Plesnicar
Chapter Thirteen: Iudicium ex Machinae - The Ethical Challenges of Automated Decision-Making at Sentencing
Frej Klem Thomsen
Index