Katia Schwerzmann
Bauhaus Universität Weimar
In this article, I show why it is necessary to abolish the use of predictive algorithms in the US criminal justice system at sentencing. After presenting the functioning of these algorithms in their context of emergence, I offer three arguments to demonstrate why their abolition is imperative. First, I show that sentencing based on predictive algorithms induces a process of rewriting the temporality of the judged individual, flattening their life into a present inescapably doomed by its past. Second, I demonstrate that recursive processes, comprising predictive algorithms and the decisions based on their predictions, systematically suppress outliers and progressively transform reality to match predictions. In my third and final argument, I show that decisions made on the basis of predictive algorithms actively perform a biopolitical understanding of justice as management and modulation of risks. In such a framework, justice becomes a means to maintain a perverse social homeostasis that systematically exposes disenfranchised Black and Brown populations to risk.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/s13347-021-00491-2
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

View all 9 references / Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Risk-Based Sentencing and Predictive Accuracy.Jesper Ryberg - 2020 - Ethical Theory and Moral Practice 23 (1):251-263.
On the Possibility of Testimonial Justice.Rush T. Stewart & Michael Nielsen - 2020 - Australasian Journal of Philosophy 98 (4):732-746.
Not Just Deserts: A Republican Theory of Criminal Justice.Nicola Lacey - 1991 - Philosophical Quarterly 41 (164):374.
Sentencing Disparity and Artificial Intelligence.Jesper Ryberg - forthcoming - Journal of Value Inquiry:1-16.


Added to PP index

Total views
24 ( #461,398 of 2,462,458 )

Recent downloads (6 months)
24 ( #34,114 of 2,462,458 )

How can I increase my downloads?


My notes