Predicting Proportionality: The Case for Algorithmic Sentencing. Issue 3 (2nd September 2018)

• Record Type: Journal Article
• Authors: Chiao, Vincent
• Is Part Of: Criminal justice ethics. Volume 37:Issue 3(2018)
• Page Start: 238
• Page End: 261
• Publication Date: 2018-09-02
• Subjects: proportionality -- sentencing -- judicial discretion -- arbitrariness -- algorithms; Criminal justice, Administration of -- Periodicals; Criminal justice, Administration of -- United States -- Periodicals; Social justice -- Periodicals; Social ethics -- Periodicals; 174.9364
• DOI: 10.1080/0731129X.2018.1552359
• Languages: English
• ISSNs: 0731-129X

Abstract

Abstract : A basic principle in sentencing offenders is proportionality. However, proportionality judgments are often left to the discretion of the judge, raising familiar concerns of arbitrariness and bias. This paper considers the case for systematizing judgments of proportionality in sentencing by means of an algorithm. The aim of such an algorithm would be to predict what a judge in that jurisdiction would regard as a proportionate sentence in a particular case. A predictive algorithm of this kind would not necessarily undermine justice in individual cases, is consistent with a particularistic account of moral judgment, and is attractive even in the face of uncertainty as to the legitimate purposes of punishment.