Predictive Sentencing

Predictive Sentencing PDF

Author: Jan W de Keijser

Publisher: Bloomsbury Publishing

Published: 2019-05-16

Total Pages: 465

ISBN-13: 1509921427

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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 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.

Against Prediction

Against Prediction PDF

Author: Bernard E. Harcourt

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 345

ISBN-13: 0226315991

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From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime. In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.

Predictive Policing and Artificial Intelligence

Predictive Policing and Artificial Intelligence PDF

Author: John McDaniel

Publisher: Routledge

Published: 2021-02-25

Total Pages: 452

ISBN-13: 0429560389

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This edited text draws together the insights of numerous worldwide eminent academics to evaluate the condition of predictive policing and artificial intelligence (AI) as interlocked policy areas. Predictive and AI technologies are growing in prominence and at an unprecedented rate. Powerful digital crime mapping tools are being used to identify crime hotspots in real-time, as pattern-matching and search algorithms are sorting through huge police databases populated by growing volumes of data in an eff ort to identify people liable to experience (or commit) crime, places likely to host it, and variables associated with its solvability. Facial and vehicle recognition cameras are locating criminals as they move, while police services develop strategies informed by machine learning and other kinds of predictive analytics. Many of these innovations are features of modern policing in the UK, the US and Australia, among other jurisdictions. AI promises to reduce unnecessary labour, speed up various forms of police work, encourage police forces to more efficiently apportion their resources, and enable police officers to prevent crime and protect people from a variety of future harms. However, the promises of predictive and AI technologies and innovations do not always match reality. They often have significant weaknesses, come at a considerable cost and require challenging trade- off s to be made. Focusing on the UK, the US and Australia, this book explores themes of choice architecture, decision- making, human rights, accountability and the rule of law, as well as future uses of AI and predictive technologies in various policing contexts. The text contributes to ongoing debates on the benefits and biases of predictive algorithms, big data sets, machine learning systems, and broader policing strategies and challenges. Written in a clear and direct style, this book will appeal to students and scholars of policing, criminology, crime science, sociology, computer science, cognitive psychology and all those interested in the emergence of AI as a feature of contemporary policing.

Paying for the Past

Paying for the Past PDF

Author: Richard S. Frase

Publisher: Oxford University Press, USA

Published: 2019-08

Total Pages: 337

ISBN-13: 0190254009

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All modern sentencing systems, in the US and beyond, consider the offender's prior record to be an important determinant of the form and severity of punishment for subsequent offences. Repeat offenders receive harsher punishments than first offenders, and offenders with longer criminal records are punished more severely than those with shorter records. Yet the vast literature on sentencing policy, law, and practice has generally overlooked the issue of prior convictions, even though this is the most important sentencing factor after the seriousness of the crime. In Paying for the Past, Richard S. Frase and Julian V. Roberts provide a critical and systematic examination of current prior record enhancements under sentencing guidelines across the US. Drawing on empirical data and analyses of guidelines from a number of jurisdictions, they illustrate different approaches to prior record enhancements and the differing outcomes of those approaches. Roberts and Frase demonstrate that most prior record enhancements generate a range of adverse outcomes at sentencing. Further, the pervasive justifications for prior record enhancement, such as the repeat offender's assumed higher risk of reoffending or greater culpability, are uncertain and have rarely been subjected to critical appraisal. The punitive sentencing premiums for repeat offenders prescribed by US guidelines cannot be justified on grounds of prevention or retribution. Shining a light on a neglected but critically important topic, Paying for the Past examines the costs of prior record enhancements for repeat offenders and offers model guidelines to help reduce racial disparities and reallocate criminal justice resources for jurisdictions who use sentence enhancements.

Sentencing and Artificial Intelligence

Sentencing and Artificial Intelligence PDF

Author: Jesper Ryberg

Publisher: Oxford University Press

Published: 2022-01-21

Total Pages: 297

ISBN-13: 0197539556

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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.

Past Or Future Crimes

Past Or Future Crimes PDF

Author: Andrew Von Hirsch

Publisher:

Published: 1985

Total Pages: 248

ISBN-13:

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This text outlines the issues surrounding the debate over dangerous offenders. The author argues that there should be fairness in sentencing and that punishments should fit the crime. He assesses the principal issues affecting sentencing policies, and provides an in-depth argument for a model for deciding sentences. He is against the concept of selective incapacitation, fearing false positives and the unethical practice of sentencing persons for crimes not yet committed.

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