Sessions Information

  • May 7, 2019
    9:00 am - 10:15 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: Union Square 17&18
    Floor: Fourth Floor

    The Better Part of Valor: Leveraging AI to Mitigate Human Bias in Questions of Discretion

    David Colarusso, Suffolk

    Public misapprehension regarding the nature of current artificial intelligence (AI) has led to the adoption of algorithmic decision aids, and in some instances decision makers, unduly influenced by algorithmic bias—an echo of their designers’ bias. The use of such systems in criminal justice has resulted in pushback, questioning their fairness. Yet, proposals for combating algorithmic bias often focus exclusively on improving an algorithm’s output. Little thought is given to the broader context of the decision systems in which they operate, except to highlight the danger of math-washing. Rarely is the question of relative human bias considered in such critiques, begging the question whether such machine biases result in more or less harm than that of the unaided human. Algorithms, however, work to eliminate the noise found in most decisions, and this can result in fewer, albeit different, mistakes. However, we can do better than simply swapping biased human mistakes for less-frequent and differently biased machine mistakes. We can use the fact that ML algorithms encode the bias of historic data to make explicit those unjust factors driving existing decision making, transforming the encoding of bias by an algorithm from a bug into a feature. Drawing upon the history of burden shifting and lessons learned from attempts to shape discretionary decisions (e.g., review committees for charging decisions and sentencing guidelines) this paper will present a framework for leveraging AI to mitigate human bias in questions of discretion that explicitly considers and addresses potential legal challenges such as equal protection.

     

    Breaking Bad: Legal Ethics and Law Enforcement Surveillance

    Tim Casey, California Western School of Law

    This paper examines the use of evidence obtained by the government either illegally or unethically, with specific attention to evidence based on surveillance. Deciding whether a given action or activity is illegal turns out to be fairly straightforward: compare the action to existing statutes and common law. Determining whether an action is ethical turns out to be a bit more difficult. For example, ethical rules and statutes prohibit a lawyer from violating the law, and prohibit the use of false or misleading statements. But many law enforcement investigative techniques depend on false or misleading statements or on violations of law by law enforcement. Such behavior may be justified, and therefore excusable under legal precedent, but it may nonetheless be unethical. This paper focuses on the unethical behavior of law enforcement in electronic surveillance operations.


Session Speakers
California Western School of Law
Works-in-Progress Presenter

Suffolk University Law School
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.