Does Predictive Sentencing Make Sense?

Inquiry: An Interdisciplinary Journal of Philosophy (forthcoming)
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Abstract

This paper examines the practice of using predictive systems to lengthen the prison sentences of convicted persons when the systems forecast a higher likelihood of re-offense or re-arrest. There has been much critical discussion of technologies used for sentencing, including questions of bias and opacity. However, there hasn’t been a discussion of whether this use of predictive systems makes sense in the first place. We argue that it does not by showing that there is no plausible theory of punishment that supports it.

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Author Profiles

Clinton Castro
University of Wisconsin, Madison
Alan Rubel
University of Wisconsin, Madison
Lindsey Schwartz
University of Missouri, Kansas City

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References found in this work

The Problem of Punishment.David Boonin - 2008 - Cambridge University Press.
Desert.George Sher - 1987 - Princeton University Press.
Persons and punishment.Herbert Morris - 1968 - The Monist 52 (4):475–501.
Punishment, Communication, and Community.R. A. Duff - 2003 - Philosophical Quarterly 53 (211):310-313.

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