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Sent to prison by secret algorithm

Use of software putting strain on how judiciary goes about doing things

A judge hitting gavel with paper at wooden table. (Photo: Shutterstock)
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A judge hitting gavel with paper at wooden table. (Photo: Shutterstock)

Adam Liptak
When Chief Justice John G Roberts Jr visited Rensselaer Polytechnic Institute last month, he was asked a startling question, one with overtones of science fiction.

“Can you foresee a day,” asked Shirley Ann Jackson, president of the college in upstate New York, “when smart machines, driven with artificial intelligences, will assist with courtroom fact-finding or, more controversially even, judicial decision-making?”

The chief justice’s answer was more surprising than the question. “It’s a day that’s here,” he said, “and it’s putting a significant strain on how the judiciary goes about doing things.”

He may have been thinking about the case of a Wisconsin man,