Sentencing, Artificial Intelligence, and Condemnation: A Reply to Taylor

Abstract

In a recent article in this journal, Isaac Taylor warned against the unconstrained use of algorithms as instruments to determine sentences in criminal cases. More precisely, what he argued is that it is important that the sentencing process serves a condemnatory function, and that the introduction of sentencing algorithms threatens to undermine this function. In this reply to Taylor, it is argued that even though his considerations are interesting as they direct attention to the sentencing process and not merely the output of algorithmic sentencing, there are nevertheless reasons to be skeptical of his argument. More precisely, it is argued, first, that it is far from clear that we must accept the basic premise underlying Taylor’s argument, namely, that the sentencing process should serve a condemnatory function and, second, that even if this premise is true, it does not follow that the condemnatory element of the sentencing process is undermined by introducing algorithms as advisory instruments at sentencing.