Abstract: The Place of Artificial Intelligence in Sentencing Decisions

—Kieran Newcomb (Mentor: Nicholas Smith)

Artificial intelligence (AI) is increasingly becoming a feature of human life. Technology infiltrates nearly every domain of our society, and the legal field is no exception. In the United States, some judges already employ AI-infused statistical programs to predict chances of recidivism for criminal offenders and use this information to inform prison sentences. Some people hope that this will bring a sense of scientific objectivity to the process. However, many also find this to be a disturbing, dystopian development. I argue that our economy and justice system are structured such that in the coming years AI is likely to seize the role of determining prison sentences from human judges. This would signify the beginning of AI taking over the work of one of our most venerated social positions, one that has tremendous impact on our sociopolitical world. In this paper, I explore the way artificial intelligence changes the landscape of judicial decision-making, and then I make my case about the risk of AI replacing judges in the role of sentencing. In conclusion, I ask: What should we do about this development? 

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