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Legal Decision Making by Computer - An Experiment With Sentencing

NCJ Number
93650
Journal
Computer/Law Journal Volume: 4 Issue: 2 Dated: (Fall 1983) Pages: 243-303
Author(s)
R V deMulder; H M Gubby
Date Published
1983
Length
61 pages
Annotation
This article describes a computer system developed by the Erasmus University, Rotterdam (Netherlands) to aid in sentencing decisions, a demonstration case, and benefits and limitations of computerization.
Abstract
The system consists of a program written in BASIC and a decision file. It puts questions to the user and on the basis of the answers given, puts new questions to the user or reaches various conclusions. There are two kinds of questions, open and multiple choice. The program is universal and is not bound in any way to a particular sort of decisionmaking. The article reproduces the program in full with a detailed explanation. It also describes the Hudsman sentencing model used in the experiment and the decision file which is divided into approximately 400 items. To demonstrate the system, a sample case involving a charge of driving while intoxicated is presented. The system's portability, language requirements, and possible improvements are discussed, as are practical and theoretical limitations. While random elements in the decision could be incorporated easily into the decision, emotional factors are not as easily accommodated. The computer system could reduce judicial disparity and promote efficiency in relatively trivial offenses. On the negative side, computer sentencing places the decision of what is relevant more on a separate expert and might affect the discretionary power of the police. Computerization also is costly in terms of equipment and additional manpower. The article includes 2l references.

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