How do "technical" design-choices made when building algorithmic decision-making tools for criminal justice authorities create constitutional dangers?

by   Karen Yeung, et al.

This two part paper argues that seemingly "technical" choices made by developers of machine-learning based algorithmic tools used to inform decisions by criminal justice authorities can create serious constitutional dangers, enhancing the likelihood of abuse of decision-making power and the scope and magnitude of injustice. Drawing on three algorithmic tools in use, or recently used, to assess the "risk" posed by individuals to inform how they should be treated by criminal justice authorities, we integrate insights from data science and public law scholarship to show how public law principles and more specific legal duties that are rooted in these principles, are routinely overlooked in algorithmic tool-building and implementation. We argue that technical developers must collaborate closely with public law experts to ensure that if algorithmic decision-support tools are to inform criminal justice decisions, those tools are configured and implemented in a manner that is demonstrably compliant with public law principles and doctrine, including respect for human rights, throughout the tool-building process.


page 1

page 2

page 3

page 4


Trade-offs in the design and communication of flood-risk information

There is an increasingly urgent need to develop knowledge and practices ...

Building the MSR Tool Kaiaulu: Design Principles and Experiences

Background: Since Alitheia Core was proposed and subsequently retired, t...

Reviving Purpose Limitation and Data Minimisation in Personalisation, Profiling and Decision-Making Systems

This paper determines, through an interdisciplinary law and computer sci...

Defence Against the Modern Arts: the Curse of Statistics "Score-based likelihood ratios"

For several decades, legal and scientific scholars have argued that conc...

Fairness and Explainability in Automatic Decision-Making Systems. A challenge for computer science and law

The paper offers a contribution to the interdisciplinary constructs of a...

Governance and Communication of Algorithmic Decision Making: A Case Study on Public Sector

Algorithmic Decision Making (ADM) has permeated all aspects of society. ...

Please sign up or login with your details

Forgot password? Click here to reset