ABSTRACT
The criminal law of any particular community tells us quite a lot about the particular nature of that community—about the particular kind of community that the community in question wants to be. ‘Actuarial justice’ is characterised by four features: the normalisation of deviance, a focus on risk and the risk profiles of individuals, a managerial approach, and a forward-looking approach to the identification and incapacitation of offenders and re-offenders. The development of intelligent machines presents opportunities for new efficiencies and real benefits. In some sectors, perhaps in health research and health care, these new technologies might dramatically improve our ability to diagnose and treat serious diseases. One of Bernard Harcourt’s concerns is that the algorithms that operate in smart machines might amplify the pre-existing criminal justice bias against certain sectors of the community. If technological management can prevent crime, the risk of convicting and punishing the innocent is eliminated.
