“The main trend on the job market isn’t that we’re moving into entirely new professions. Life 3.0: Being Human in the Age of Artificial Intelligence But what if this system finds that recidivism is statistically linked to a prisoner’s sex or race-would this count as a sexist, racist robojudge that needs reprogramming? Indeed, a 2016 study argued that recidivism-prediction software used across the United States was biased against African Americans and had contributed to unfair sentencing.36 These are important questions that we all need to ponder and discuss to ensure that AI remains beneficial.” If defendants wish to know why they were convicted, shouldn’t they have the right to a better answer than “we trained the system on lots of data, and this is what it decided”? Moreover, recent studies have shown that if you train a deep neural learning system with massive amounts of prisoner data, it can predict who’s likely to return to crime (and should therefore be denied parole) better than human judges.
“Even if AI can be made robust enough for us to trust that a robojudge is using the legislated algorithm, will everybody feel that they understand its logical reasoning enough to respect its judgment? This challenge is exacerbated by the recent success of neural networks, which often outperform traditional easy-to-understand AI algorithms at the price of inscrutability.
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