It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that (...) the resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out (...) of it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

In this article, I show why it is necessary to abolish the use of predictive algorithms in the US criminal justice system at sentencing. After presenting the functioning of these algorithms in their context of emergence, I offer three arguments to demonstrate why their abolition is imperative. First, I show that sentencing based on predictive algorithms induces a process of rewriting the temporality of the judged individual, flattening their life into a present inescapably doomed by its past. Second, (...) I demonstrate that recursive processes, comprising predictive algorithms and the decisions based on their predictions, systematically suppress outliers and progressively transform reality to match predictions. In my third and final argument, I show that decisions made on the basis of predictive algorithms actively perform a biopolitical understanding of justice as management and modulation of risks. In such a framework, justice becomes a means to maintain a perverse social homeostasis that systematically exposes disenfranchised Black and Brown populations to risk. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive (...) or inapplicable. The chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

. Freedom of thought as freedom of expression: Hate crime sentencing enhancement and first amendment theory. Criminal Justice Ethics: Vol. 11, No. 2, pp. 29-42.

Retributivism Has a Past: Has It a Future? is the first volume of a series to be published by Oxford University Press: Studies in Penal Theory and Philosophy. Clearly the series is off to a fine st...

This is a critical discussion of the Baldus study of capital sentencing in Georgia. It concludes that the Baldus finding of a "race-of-the-victim" effect is less robust than capital-punishment abolitionists have claimed. But the flaws in the Baldus study should not comfort death-penalty advocates, for they reveal an epistemological barrier to the US Supreme Court's ever being able to satisfy itself both that the sentence reflects particularized consideration of the circumstances and character of the defendant and that it is (...) not the product of racial bias. (shrink)

This is an essay about the philosophical and practical problems associated with the concept of punishment for corporations that have grievously broken the law. It is specifically an essay about the special incentives that the U.S. Government has put in place to encourage American corporations to create comprehensive ethics programs and observe them faithfully. First, I will look at the sorts of obstacles to effective punishment of recalcitrant corporations that eventually prompted extraordinary measures by the U.S. Government. Then I will (...) present a detailed description of the Federal Sentencing Guidelines which took effect on November 1, 1991, describe what they entail, examine what purposes for which they were intended and question how likely they will be to accomplish their objectives. Finally, we will raise the question whether such policies will help further corporate social responsibility and ethical conduct in the workplace. (shrink)

A criminal conviction can trigger numerous burdensome legal consequences beyond the formal sentence. Some charge that these “collateral” legal consequences (CLCs) constitute additional measures of punishment, which raises the further question of whether judges should consider these CLCs when making sentencing decisions, reducing the formal sentence in proportion to the severity of the CLCs the defendant will face. The idea that all CLCs constitute forms of punishment reflects a particular conception of punishment, which I call the “minimalist view.” In (...) this paper, I argue against the minimalist view. I contend that on a more adequate conception of punishment, some but not all CLCs constitute punishment. I also argue that whether judges should consider CLCs in sentencing decisions depends on whether the relevant CLCs constitute punishment. (shrink)

Many scholars think that women are sentenced more leniently than men because judges are paternalistic toward women. In this article, I suggest that paternalism is a multilayered concept and that it is important to distinguish between judicial concerns for protecting women and those for protecting children and families. To learn what factors judges consider in sentencing and whether these differ for men and women defendants, I interviewed 20 men and 3 women judges in two state criminal courts. I learned (...) that the primary objects of judicial protection were not women, but children, and men's and women's economic support or care for families. However, there was a labor hierarchy in the judges' minds in that they believed that care giving was more important than wage earning for the maintenance of families. Interactive influences among the defendant's gender, familial status, race or ethnicity, and the nature of the offense charged are discussed. (shrink)

On May 16, 2012, RAND brought together a group of public company directors and executives, chief ethics and compliance officers, and stakeholders from the government, academic, and nonprofit sectors for a series of conversations about organizational culture, as well as to explore the business and policy ramifications of efforts to build better ethical cultures in corporations.

(1994). Purposes of punishment under the Minnesota sentencing guidelines. Criminal Justice Ethics: Vol. 13, No. 1, pp. 11-20. doi: 10.1080/0731129X.1994.9991956.

This article describes issues related to the consideration of the victim’s behavior when sentencing a person who intentionally killed someone in a state of strong emotional excitement. Also, the author analyzed in the article that the main reason for the strong emotional excitement of the culprit is the illegal act of the victim, therefore, the sudden emotional excitement is defined in the law as a mitigating circumstance. In addition, the article analyzes the objective aspect of the crime of intentional (...) homicide committed in a state of strong emotional excitement, in which (a) intentional homicide is caused by the victim's response to violence; (b) severe insults by the victim (insulting human dignity, accusing him of committing a crime or immorality, insulting his religion and nationality); (c) it is emphasized that attention should be paid to the victim's other illegal actions (such as dereliction of duty). (shrink)

The presence of predictive AI has steadily expanded into ever-increasing aspects of civil society. I aim to show that despite reasons for believing the use of such systems is currently problematic, these worries give no indication of their future potential. I argue that the absence of moral limits on how we might manipulate automated systems, together with the likelihood that they are more easily manipulated in the relevant ways than humans, suggests that such systems will eventually outstrip the human ability (...) to make accurate judgments and unbiased predictions. I begin with some reasonable justifications for the use of predictive AI. I then discuss two of the most significant reasons for believing the use of such systems is currently problematic before arguing that neither provides sufficient reason against such systems being superior in the future. In fact, there’s reason to believe they can, in principle, be preferable to human decision makers. (shrink)

This paper analyses the ethical performance of foreign-investment enterprises operating in China in comparison to that of the indigenous state-owned enterprises, collectives and private enterprises. It uses both the deontological approach and the utilitarian approach in conceptualization, and applies quantitative and econometric techniques to ethical evaluations of empirical evidences. It shows that according to various ethical performance indicators, foreign-investment enterprises have fared well in comparison with local firms. This paper also tries to unravel the effect of a difference in business (...) culture and competitive market forces on ethical performance by comparing the behavior of foreign-investment enterprises with that of the indigenous state-owned enterprises and collectives on the one hand, and with that of the indigenous private enterprises on the other. (shrink)

The Sentence in Language and Cognition is about the significant role of the sentence in linguistic cognition and in the practical domains of human existence. Dr. Tista Bagchi has written a comprehensive assessment of the structure and cognitive function of the sentence and the clause in the context of real-world discourse and activities.The notions of sentencehood and clausehood with special reference to the semantic histories of the terms sentence and clause, including their ethical, legal, and administrative uses, are assessed. This (...) is followed by a concise historical survey of the treatment of the sentence in a few of the ancient linguistic traditions, notably the Greek, Roman(-Alexandrian), Arab, and Sanskrit scholastic traditions. A wide variety of sentence types, from a cross-section of languages spoken in Asia, Europe, and the Americas, are presented by way of factual evidence for sentences and clauses as linguistic units. Formally defined notions of the sentence and the clause as syntactic constituents in major theoretical frameworks are examined and assessed for their essential properties and points of convergence. The Sentence in Language and Cognition is an essential book for advanced students and researchers of linguistics. (shrink)

L’intellectuel aux multiples facettes Thomas Ebendorfer de Haselbach est l’une des figures-clés de la Vienne du xv e siècle. Cet article est une première étape pour retracer le profil académique d’Ebendorfer à travers une lecture complète des diverses rédactions de son commentaire des Sentences conservées à l’Österreichische Nationalbibliothek. Sont analysés le contenu des manuscrits et la relation des différentes rédactions avec d’autres commentaires viennois connus. On trouvera en annexe la liste complète des questions, d’après toutes les rédactions du commentaire des (...) Sentences. (shrink)

The paper proposes the first unified account of deictic/sentence-external and sentence-internal readings of singular different . The empirical motivation for such an account is provided by a cross-linguistic survey and an analysis of the differences in distribution and interpretation between singular different , plural different and same (singular or plural) in English. The main proposal is that distributive quantification temporarily makes available two discourse referents within its nuclear scope, the values of which are required by sentence-internal uses of singular different (...) to be distinct, much as its deictic uses require the values of two discourse referents to be distinct. Thus, we take sentence-internal readings to be a form of ‘association with distributivity’ that is similar to association with focus. The contrast between singular different , plural different and same is explained in terms of several kinds of quantificational distributors that license their internal readings. The analysis is executed in a stack-based dynamic system couched in type logic, so we get compositionality in the usual Montagovian way. Quantificational subordination and dependent indefinites in various languages provide additional motivation for the account. Investigating the connections between items with sentence-internal readings and the quantificational licensors of these readings opens up a larger project of formally investigating (i) the typology of quantificational distributors and distributivity-dependent items and (ii) the fine-grained contexts of evaluation needed to capture this typological variation. (shrink)

In this paper, I have proposed a compositional semantic analysis of exception NPs from which three core properties of exception constructions could be derived. I have shown that this analysis overcomes various empirical and conceptual shortcomings of prior proposals of the semantics of exception sentences. The analysis was first formulated for simple exception NPs, where the EP-complement was considered a set-denoting term and the EP-associate was a monadic quantifier. It was then generalized in two steps: first, in order to account (...) for quantified EP-complements, and second, in order to account for polyadic quantifiers as the EP-associates. An additional assumption that was made in several places was that EPs may operate at the level of implications. The consequences of this assumption, though, still have to be investigated. (shrink)

The famous theory of undecidable sentences created by Kurt Godel in 1931 is presented as clearly and as rigorously as possible. Introductory explanations beginning with the necessary facts of arithmetic of integers and progressing to the theory of representability of arithmetical functions and relations in the system (S) prepare the reader for the systematic exposition of the theory of Godel which is taken up in the final chapter and the appendix.

The question of basic and incorrigible sentences has appeared in connection with certain recent attempts to refine and re-define the meaning of Empiricism. More directly still, the question appears in connection with the problem of verification. It is noteworthy that the question of protocols, more than any other issue, has served to draw out the philosophical differences between the original Wiener Kreis and the Cambridge Analysts. Yet despite their differences both schools are agreed that basic sentences in some sense of (...) the word, are epistemologically necessary.But if one takes the view, say of the Instrumentalists, that all perceptual knowledge is interpretation based upon accepted theories, and corrected in the light of such theories then basic sentences are quite unnecessary. But among those who employ the term “basic” there is little agreement as to its meaning. The common use of the term has not resulted in a common understanding. And instead of drawing Empiricists together it has succeeded only in driving them apart. (shrink)

The paper argues that two apparently attractive conceptions of an eternal sentence are defective. An alternative conception is presented which the authors think allows greater insight into the nature of semantic concepts.

We study possible Scott sentence complexities of linear orderings using two approaches. First, we investigate the effect of the Friedman–Stanley embedding on Scott sentence complexity and show that it only preserves $\Pi ^{\mathrm {in}}_{\alpha }$ complexities. We then take a more direct approach and exhibit linear orderings of all Scott sentence complexities except $\Sigma ^{\mathrm {in}}_{3}$ and $\Sigma ^{\mathrm {in}}_{\lambda +1}$ for $\lambda $ a limit ordinal. We show that the former cannot be the Scott sentence complexity of a linear (...) ordering. In the process we develop new techniques which appear to be helpful to calculate the Scott sentence complexities of structures. (shrink)

In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a procedural rather (...) than a substantive solution. I lean on the principle of expanded asymmetry (EA), which holds that it is better to underpunish than overpunish. After defending EA, I note that it obtains only under conditions of uncertainty. I then show that because virtually all trials of black offenders meet the uncertainty condition, sentencing authorities are obliged to treat black offenders leniently. I conclude by noting the advantages of my proceduralist approach. (shrink)

Presents a set-theoretic version of the analysis of "there be" as predicating instantiation of a property, a property-theoretic version of which was developed in McNally 1992. This paper provides a solution to the criticism that McNally 1992's analysis could not account for sentences in which postverbal nominal contains a monotone decreasing or nonmonotonic determiner.

Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in (...) class='Hi'>sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology. (shrink)

Why do speakers of all languages use different grammatical structures under different communicative circumstances to express the same idea? In this comprehensive study, Professor Lambrecht explores the relationship between the structure of sentences and the linguistic and extra-linguistic contexts in which they are used. His analysis is based on the observation that the structure of a sentence reflects a speaker's assumptions about the hearer's state of knowledge and consciousness at the time of the utterance. This relationship between speaker assumptions and (...) formal sentence structure is governed by rules and conventions of grammar, in a component called 'information structure'. Four independent but interrelated categories are analysed: presupposition and assertion, identifiability and activation, topic, and focus. (shrink)

Scott Soames proposes in his book Understanding Truth (1999) a motivation to reject bivalence. It is his claim that if bivalence is assumed to apply to liar sentences, contradictions will follow. However, contradictions will equally follow if bivalence is denied of liar sentences (in fact, of any truth-bearers). Soames avoids contradictions by treating truth as a partially defined predicate: for certain sentences, truth is not defined to apply or not to apply. Liar sentences are some of such cases. However, there (...) are several problems with Soames’s proposal. Liar sentences also pose a problem for the disquotational schema (T). Soames only avoids this problem by changing the meaning of the biconditional in schema (T), and this will be shown to be an unsatisfactory move. Furthermore, we should only regard liar sentences as possible counterexamples to bivalence provided they are regarded as proper truth-bearers. Soames takes truth-bearers to be sentences that express propositions. However, it is questionable that liar sentences, such as the example considered, can count as proper truth-bearers. Soames imposes on truth a condition I will call the priority requirement: that the status of the claim that some sentence S is true (or not true) depends on the prior status of S itself, hence on the status of sentences not containing the truth-predicate. Soames regards the cases where the truth-predicate cannot be eliminated as cases of truth-value gaps. I will argue that the priority requirement means that liar sentences fail to express propositions: for liar sentences, there is no prior sentence S on whose truth or falsity the liar case would turn. Nothing is said constraining a possible way for things to be, so nothing said to call true or false. Sentences that do not say anything are neither true nor false without contradiction. (shrink)

The emphasis in the connectionist sentence‐processing literature on distributed representation and emergence of grammar from such systems can easily obscure the often close relations between connectionist and symbolist systems. This paper argues that the Simple Recurrent Network (SRN) models proposed by Jordan (1989) and Elman (1990) are more directly related to stochastic Part‐of‐Speech (POS) Taggers than to parsers or grammars as such, while auto‐associative memory models of the kind pioneered by Longuet–Higgins, Willshaw, Pollack and others may be useful for grammar (...) induction from a network‐based conceptual structure as well as for structure‐building. These observations suggest some interesting new directions for specifically connectionist sentence processing research, including more efficient representations for finite state machines, and acquisition devices based on a distinctively connectionist basis for grounded symbolist conceptual structure. (shrink)