Papers for

criminal justice policymakers

Papers whose findings have a practical use for this group, as judged from the abstract. Open a paper to read what it means in practice.

Digital records challenge forgiveness in criminal justice decisions

The Imperishable Record, Forgiveness, and the Future of Criminal Justice

Abstract: Digital technologies can preserve records of wrongdoing indefinitely, and AI can give those records continuing influence over a person's future. We describe this condition as the eternal data present and argue that it threatens the possibility of forgiveness. In criminal justice, formal punishment has an end, whereas the harms caused by the continued use of criminal records may not. Drawing on Hegel's account of the "hard heart" and Arendt's account of the irreversibility of action, we distinguish two dangers that digital systems can combine. People may be permanently identified with what they have done, and acts that cannot be undone may continue to determine what happens to them. We propose a right to remain unfinished, supported by rights to limits on the weight given to older records, to re-evaluation in light of personal change, to reassessment of inferences that affect their lives, and to time limits on the use of records in specified decisions. These proposals extend the ethics of AI beyond accuracy, transparency, and non-discrimination to address how long past wrongdoing should be allowed to govern a person's life.

Sun 11 OctComputers and SocietyArtificial Intelligence
The gist
Digital technology can keep records of wrongdoing forever, and AI can keep using these records to affect a person's future. This means people might always be seen as defined by past mistakes, without chance to move on. The authors argue this risks making true forgiveness impossible and suggest new rights to limit how long old records can impact someone's life and to allow re-evaluation based on personal growth. Their proposals aim to balance justice with fairness in the digital age.
Open → 2610.15499v1