“The Compassionate Computer: Algorithms, Sentencing, and Mercy”

The title of this post is the title of this notable new article by Netanel Dagan now available on SSRN. Here is its abstract:

Sentencing scholarship largely neglects the possibility of applying algorithms to mercy.  This ‎doesn’t come as a surprise: Is there any greater contradiction than between algorithmic decision-‎making and the compassionate, human and interpersonal nature of mercy?   Such polarity brings ‎some theorists and policy makers to reject algorithm-based sentencing altogether. 

In this chapter, ‎we offer a preliminary attempt at integrating mercy within algorithmic sentencing.  First, we ‎distinguish between two main concepts of mercy — justice and pure — and different types of ‎algorithms — deductive and inductive.  Second, we argue: (a) As long as justice mercy can be ‎reduced to a proportionality-related calculus (e.g., extra harsh suffering) it can be introduced ‎through a deductive algorithm; (b) Pure mercy, being unpredictable, and deviating from justice, ‎can be incorporated mainly through an inductive algorithm.  This is true, at least to some extent, ‎even for theories that permit deviation from equality when exercising mercy.‎