Can Machine Learning Be Used to Determine if Prisoners Should Be Given Bail

The University of Chicago Law Review

journal article

Competing Algorithms for Law

The Academy of Chicago Law Review

Published By: The University of Chicago Law Review

The University of Chicago Law Review

https://world wide web. jstor .org/stable/26986410

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Abstract

Algorithms have found their fashion into courtrooms, college admission committees, and human resources departments. While defendants and other disappointed parties have challenged the use of algorithms on the basis of due process or similar objections, it should be expected that they volition also challenge their accuracy and try to present algorithms of their ain in order to competition the decisions of judges and other authorities. The trouble with this approach is that people who can transparently meet why they take been algorithmically denied rights or resource tin can manipulate an algorithm by retrofitting data. Demands for total algorithmic transparency by policy makers and legal scholars are therefore misguided. To overcome algorithmic manipulation, we present the novel solution of algorithmic competition. This arroyo, versions of which have been deployed in finance, would work well in law. We show how the state, a university, or an employer should set aside untested data in a lockbox. Parties to a decision and then develop their corresponding algorithms and compete. The algorithm that performs all-time with the lockbox data wins. While this approach presents several complications that this Article discusses in particular, it is superior to full disclosure of data and algorithmic transparency.

Journal Information

The University of Chicago Constabulary Review is a quarterly journal of legal scholarship. Frequently cited in Supreme Courtroom and other court opinions, as well as in other scholarly works, it is among the most influential journals in the field. Students have full responsibility for editing and publishing the Constabulary Review; they also contribute original scholarship of their own. The Police force Review's editorial lath selects all pieces for publication and, with the assistance of staff members, performs noun and technical edits on each of these pieces prior to publication.

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Source: https://www.jstor.org/stable/26986410

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