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Bias In, Bias Out
Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether. This Article's central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies neither in the input data, nor in a particular algorithm, nor in algorithmic methodology per se. The deep problem is the nature of prediction itself. All prediction looks to the past to make guesses about future events. In a racially stratified world, any method of prediction will project the inequalities of the past into the future. This is as true of the subjective prediction that has long pervaded criminal justice as it is of the algorithmic tools now replacing it. Algorithmic risk assessment has revealed the inequality inherent in all prediction, forcing us to confront a problem much larger than the challenges of a new technology. Algorithms, in short, shed new light on an old problem. Ultimately, the Article contends, redressing racial disparity in prediction will require more fundamental changes in the way the criminal justice system conceives of and responds to risk. The Article argues that criminal law and policy should, first, more clearly delineate the risks that matter and, second, acknowledge that some kinds of risk may be beyond our ability to measure without racial distortion — in which case they cannot justify state coercion. Further, to the extent that we can reliably assess risk, criminal system actors should strive whenever possible to respond to risk with support rather than restraint. Counterintuitively, algorithmic risk assessment could be a valuable tool in a system that supports the risky.
Journal Article
Memory, historic injustice, and responsibility
\"What is it to do justice to the absent victims of past injustice, given the distance that separates us from them? Grounded in political theory and guided by the literature on historical justice, W. James Booth restores the dead to their central place at the heart of our understanding of why and how to deal with past injustice. Testimonies and accounts from the race war in the United States, the Holocaust, post-apartheid South Africa, Argentina's Dirty War and the conflict in Northern Ireland help advance and defend Booth's claim that caring for the dead is a central part of addressing past injustice. Memory, Historic Injustice, and Responsibility is an insightful and original book on the relationship of past and present in thinking about what it means to do justice. A valuable addition to the currently available literature on historical justice which will be of great interest to students and scholars of political science, philosophy, history, and law\"-- Provided by publisher.
Book
Political Memory and the Aesthetics of Care
With this nuanced and interdisciplinary work, political theorist Mihaela Mihai tackles several interrelated questions: How do societies remember histories of systemic violence? Who is excluded from such histories' cast of characters? And what are the political costs of selective remembering in the present? Building on insights from political theory, social epistemology, and feminist and critical race theory, Mihai argues that a double erasure often structures hegemonic narratives of complex violence: of widespread, heterogeneous complicity and of \"impure\" resistances, not easily subsumed to exceptionalist heroic models. In dialogue with care ethicists and philosophers of art, she then suggests that such narrative reductionism can be disrupted aesthetically through practices of \"mnemonic care,\" that is, through the hermeneutical labor that critical artists deliver-thematically and formally-within communities' space of meaning. Empirically, the book examines both consecrated and marginalized artists who tackled the memory of Vichy France, communist Romania, and apartheid South Africa. Despite their specificities, these contexts present us with an opportunity to analyze similar mnemonic dynamics and to recognize the political impact of dissenting artistic production. Crossing disciplinary boundaries, the book intervenes in debates over collective responsibility, historical injustice, and the aesthetics of violence within political theory, memory studies, social epistemology, and transitional justice.
eBook
Justice and self-interest : two fundamental motives
\"This volume argues that the commitment to justice is a fundamental motive and that it sometimes takes priority over self-interest\"-- Provided by publisher.
Book
The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda
Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.
eBook
American Mass Incarceration and Post-Network Quality Television
Far more than a building of brick and mortar, the prison relies upon gruesome stories circulated as commercial media to legitimize its institutional reproduction. Perhaps no medium has done more in recent years to both produce and intervene in such stories than television. This unapologetically interdisciplinary work presents a series of investigations into some of the most influential and innovative treatments of American mass incarceration to hit our screens in recent decades. Looking beyond celebratory accolades, Lee A. Flamand argues that we cannot understand the eagerness of influential programs such as OZ, The Wire, Orange Is the New Black, 13th, and Queen Sugar to integrate the sensibilities of prison ethnography, urban sociology, identity politics activism, and even Black feminist theory into their narrative structures without understanding how such critical postures relate to the cultural aspirations and commercial goals of a quickly evolving TV industry and the most deeply ingrained continuities of American storytelling practices.
eBook
Failures of forgiveness : what we get wrong and how to do better
\"Sages from Cicero to Oprah have told us that forgiveness requires us to let go of negative emotions and that it has a unique power to heal our wounds. In Failures of Forgiveness, Myisha Cherry argues that these beliefs couldn't be more wrong--and that the ways we think about and use forgiveness, personally and as a society, can often do more harm than good. She presents a new and healthier understanding of forgiveness--one that will give us a better chance to recover from wrongdoing and move toward 'radical repair.' Cherry began exploring forgiveness after some relatives of the victims of the mass shooting at Emanuel A.M.E. Church in Charleston, South Carolina, forgave what seemed unforgiveable. She was troubled that many observers appeared to be more inspired by these acts of forgiveness than they were motivated to confront the racial hatred that led to the killings. That is a big mistake, Cherry argues. Forgiveness isn't magic. We can forgive and still be angry, there can be good reasons not to forgive, and forgiving a wrong without tackling its roots solves nothing. Examining how forgiveness can go wrong in families, between friends, at work, and in the media, politics, and beyond, Cherry addresses forgiveness and race, canceling versus forgiving, self-forgiveness, and more. She takes the burden of forgiveness off those who have been wronged and offers guidance both to those deciding whether and how to forgive and those seeking forgiveness. By showing us how to do forgiveness better, Failures of Forgiveness promises to transform how we deal with wrongdoing in our lives, opening a new path to true healing and reconciliation\"-- Publisher's description.
Book
Restorative justice and criminal justice
Criminal justice is primarily designed to serve the public interest in relation to criminal acts.Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing.
eBook