Historic First As Wisconsin Man Sentenced To Prison By A Software Program’s Secret Algorithm

‘Ten years ago, a movie called Minority Report showed us a grim future were computers with secret algorithms were the determining factor in a person’s innocence or guilt, and what penalty they would pay if found guilty. In 2017, courts across America are using highly complex proprietary software with secret algorithms to sentence people to jail.
“Can you foresee a day,” asked Shirley Ann Jackson, president of the college in upstate New York, “when smart machines, driven with artificial intelligences, will assist with courtroom fact-finding or, more controversially even, judicial decision-making?”
The chief justice’s answer was more surprising than the question. “It’s a day that’s here,” he said, “and it’s putting a significant strain on how the judiciary goes about doing things.”’

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He may have been thinking about the case of a Wisconsin man, Eric L. Loomis, who was sentenced to six years in prison based in part on a private company’s proprietary software. Mr. Loomis says his right to due process was violated by a judge’s consideration of a report generated by the software’s secret algorithm, one Mr. Loomis was unable to inspect or challenge.’

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