Research Note
The Algorithm and the Fairness
Consideration from State v. Loomis
2018 Volume 16 Pages 96-107
Details
2018 Volume 16 Pages 96-107
“Today we are at the beginning of a fourth industrial revolution. It is characterized by much more ubiquitous and mobile internet, by smaller and more powerful sensors that have become cheaper, and by artificial intelligence and machine learning” （Schwab 2017, 3）. For example, Japanese companies are starting to use AI in recruiting and financing. It is said that The Kanagawa police plan to launch AI-based predictive policing system.
In United States, several states have already put a predictive policing system in place. Moreover, other states have adopted risk assessment tools in sentencing. COMPAS is the most popular risk assessment tool. However, it is not disclosed that how COMPAS determines individual risk scores or it how weighs various factors in arriving at a risk score. Critics pointed out that COMPAS's algorithm is biased against minorities. In this kind of situation, Wisconsin Supreme Court allowed state to continue using COMPAS to assist in sentencing （State v. Loomis, 881 N. W. 2d 749）.
This paper considers how we should constitutionally use AI from Loomis's case study.
