Small Project Artificial Unintelligence1

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Syracuse University *

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343

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Industrial Engineering

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Jan 9, 2024

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docx

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Jesse Brown IST 343 Professor Tacheva 12/5/21 Small Project: Artificial Unintelligence In recent decades, the use of algorithmic risk assessment has become a widely used tool in the US Department of Justice when determining the outcome of a criminals pretrial and even sentencing. Most states have adopted the use of a risk assessment algorithm to help a judge determine the pretrial outcomes such as the bail amount one must pay to be released before trial and even the option to be released on bail at all. Some states even use these risk ratings when determining the sentence of a defendant, allowing judges to cite the defendant’s risk score as evidence. However, these algorithmic risk assessments have been found to be heavily racially biased, often making unfair determinations about a defendant that have been correlated with their race. Algorithmic risk assessments are a racially biased means of determining the future criminal risk of an individual and should not be used in a justice system that is already riddled with unjust racial bias. Algorithmic risk assessments such as the one created by the for-profit company Northpointe were put in use to counteract the personal biases of the humans involved in the legal process. The goal was to have a computer algorithm accurately determine the likelihood of a defendant committing another crime so that less people could be incarcerated in general and so the process was fairer and standardized. The algorithms are generally based on a lengthy series of questions that are answered by the defendants directly or found in their criminal record. Interestingly enough, the questions did not ask about race at all, yet there were numerous statistics that showed clear signs of the algorithms displaying racial bias. For example, according to a ProPublica article titled Machine Bias when talking about Northpointe’s statistics from a county in Florida of those labeled low or high risk and those who either re-offended or did not, they write, “...blacks are almost twice as likely as white to be labeled a higher risk but not actually re-offend. It makes the opposite mistake among white: They are much more likely than blacks to be labeled lower risk but go on to commit other crimes.” (ProPublica, 2020b)
Based on the statistics the quote refers to, 44.9% of African Americans were labeled high risk but didn’t reoffend while that number was 23.5% for Whites. This egregious racially biased prediction error combined with the algorithm's accuracy of a mere 61% in predicting recidivism, makes Northpointe’s product, called COMPAS, certainly not worth the goal of reducing incarceration rates when the algorithm clearly ends up incarcerating the wrong people and even missing those that may require incarceration. States have even let judges go as far as citing a defendant’s risk score when deciding their sentencing. For example, in the case of Paul Zilly who stole a push lawnmower after relapsing on his meth habit that he had been working on to get over with his Christian pastor. Zilly’s score indicated a high risk for violent future crimes and was sentenced to two years in prison, which he appealed and with the help of the algorithms creator as a witness, he was able to get his sentence reduced to 18 months. These different risk assessment algorithms such as Northpointe’s COMPAS are used across the United States, yet there are very few studies that actually prove the algorithms accuracy. According to a ProPublica article that explains their analysis of Northpointe’s COMPAS algorithm, “Across every risk category, black defendants recidivated at higher rates.” (ProPublica, 2020a) This at the least shows how our country is plagued with systemic racism in a way where African Americans are both pushed towards crime and then treated unfairly through the legal process. ProPublica’s article analyzing the various algorithms that our Department of Justice and law enforcement use to assess defendants through a mix of statistics based on data collection and first hand accounts is a good example of the computer-assisted journalism ethos. The journalists have developed their database to analyze and have used the data they found to support their primary source accounts. Therefore, they were not solely relying on the data they collected and were able to use their analysis as a means of proof to their interviews. This article has a huge effect on both the US Department of Justice, African Americans, and racial advocacy groups. The article provides solid proof of the clear biases in our legal process against African Americans and can hopefully help leverage change within our legal system. However, until a more accurate and validity tested risk assessment algorithm is created, it is unjust to keep in
place the biased systems that are used today in our legal process and they should be suspended or at least disregarded a little more until proven valid. Bibliography ProPublica. (2020a, February 29). How We Analyzed the COMPAS Recidivism Algorithm . https://www.propublica.org/article/how-we-analyzed-the-compas-recidivism-algorithm ProPublica. (2020b, February 29). Machine Bias . https://www.propublica.org/article/machine- bias-risk-assessments-in-criminal-sentencing
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