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9 - Deciding by Algorithm

Published online by Cambridge University Press:  29 June 2023

Cass R. Sunstein
Affiliation:
Harvard University, Massachusetts
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Summary

A great deal of theoretical work explores the possibility that algorithms may be biased in one or another respect. But for purposes of law and policy, some of the most important empirical research finds exactly the opposite. In the context of bail decisions, an algorithm designed to predict flight risk does much better than human judges, in large part because the latter place an excessive emphasis on the current offense. Current Offense Bias, as we might call it, is best seen as a cousin of “availability bias,” a well-known source of mistaken probability judgments. The broader lesson is that well-designed algorithms should be able to avoid cognitive biases of many kinds. Existing research on bail decisions also casts a new light on how to think about the risk that algorithms will discriminate on the basis of race (or other factors). Algorithms can easily be designed so as to avoid taking account of race (or other factors). They can also be constrained so as to produce whatever kind of racial balance is sought, and thus to reveal tradeoffs among various social values.

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Chapter
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Decisions about Decisions
Practical Reason in Ordinary Life
, pp. 159 - 180
Publisher: Cambridge University Press
Print publication year: 2023

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  • Deciding by Algorithm
  • Cass R. Sunstein, Harvard University, Massachusetts
  • Book: Decisions about Decisions
  • Online publication: 29 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009400480.010
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Deciding by Algorithm
  • Cass R. Sunstein, Harvard University, Massachusetts
  • Book: Decisions about Decisions
  • Online publication: 29 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009400480.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Deciding by Algorithm
  • Cass R. Sunstein, Harvard University, Massachusetts
  • Book: Decisions about Decisions
  • Online publication: 29 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009400480.010
Available formats
×