https://youtu.be/OPemyipJzAM

On Tue, Jul 19, 2016 at 3:14 PM, Travis <[email protected]> wrote:

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> http://www.bloomberg.com/features/2016-richard-berk-future-crime/
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> *This Guy Trains Computers to Find Future Criminals*
>
> *Richard Berk says his algorithms take the bias out of criminal justice.
> But could they make it worse?*
>
> *by Joshua Brustein*
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> *July 18, 2016*
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> When historians look back at the turmoil over prejudice and policing in
> the U.S. over the past few years, they’re unlikely to dwell on the case of
> Eric Loomis. Police in La Crosse, Wis., arrested Loomis in February 2013
> for driving a car that was used in a drive-by shooting. He had been
> arrested a dozen times before. Loomis took a plea, and was sentenced to six
> years in prison plus five years of probation.
>
> The episode was unremarkable compared with the deaths of Philando Castile
> and Alton Sterling at the hands of police, which were captured on camera
> and distributed widely online. But Loomis’s story marks an important point
> in a quieter debate over the role of fairness and technology in policing.
> Before his sentence, the judge in the case received an automatically
> generated risk score that determined Loomis was likely to commit violent
> crimes in the future.
>
>
>
> Risk scores, generated by algorithms, are an increasingly common factor in
> sentencing. Computers crunch data—arrests, type of crime committed, and
> demographic information—and a risk rating is generated. The idea is to
> create a guide that’s less likely to be subject to unconscious biases, the
> mood of a judge, or other human shortcomings. Similar tools are used to
> decide which blocks police officers should patrol, where to put inmates in
> prison, and who to let out on parole. Supporters of these tools claim
> they’ll help solve historical inequities, but their critics say they have
> the potential to aggravate them, by hiding old prejudices under the veneer
> of computerized precision. Some people see them as a sterilized version of
> what brought protesters into the streets at Black Lives Matter rallies.
>
> Loomis is a surprising fulcrum in this controversy: He’s a white man. But
> when Loomis challenged the state’s use of a risk score in his sentence, he
> cited many of the fundamental criticisms of the tools: that they’re too
> mysterious to be used in court, that they punish people for the crimes of
> others, and that they hold your demographics against you. Last week the
> Wisconsin Supreme Court ruled against Loomis, but the decision validated
> some of his core claims. The case, say legal experts, could serve as a
> jumping-off point for legal challenges questioning the constitutionality of
> these kinds of techniques.
>
> To understand the algorithms being used all over the country, it’s good to
> talk to Richard Berk. He’s been writing them for decades (though he didn’t
> write the tool that created Loomis’s risk score). Berk, a professor at the
> University of Pennsylvania, is a shortish, bald guy, whose solid stature
> and I-dare-you-to-disagree-with-me demeanor might lead people to mistake
> him for an ex-cop. In fact, he’s a career statistician.
>
> His tools have been used by prisons to determine which inmates to place in
> restrictive settings; parole departments to choose how closely to supervise
> people being released from prison; and police officers to predict whether
> people arrested for domestic violence will re-offend. He once created an
> algorithm that would tell the Occupational Safety and Health Administration
> which workplaces were likely to commit safety violations, but says the
> agency never used it for anything. Starting this fall, the state of
> Pennsylvania plans to run a pilot program using Berk’s system in sentencing
> decisions.
>
> As his work has been put into use across the country, Berk’s academic
> pursuits have become progressively fantastical. He’s currently working on
> an algorithm that he says will be able to predict at the time of someone’s
> birth how likely she is to commit a crime by the time she turns 18. The
> only limit to applications like this, in Berk’s mind, is the data he can
> find to feed into them.
>
> *“The policy position that is taken is that it’s much more dangerous to
> release Darth Vader than it is to incarcerate Luke Skywalker” *
>
>
>
> This kind of talk makes people uncomfortable, something Berk was clearly
> aware of on a sunny Thursday morning in May as he headed into a conference
> in the basement of a campus building at Penn to play the role of least
> popular man in the room. He was scheduled to participate in the first panel
> of the day, which was essentially a referendum on his work. Berk settled
> into his chair and prepared for a spirited debate about whether what he
> does all day is good for society.
>
> The moderator, a researcher named Sandra Mayson, took the podium. “This
> panel is the *Minority Report* panel,” she said, referring to the Tom
> Cruise movie where the government employs a trio of psychic mutants to
> identify future murderers, then arrests these “pre-criminals” before their
> offenses occur. The comparison is so common it’s become a kind of joke. “I
> use it too, occasionally, because there’s no way to avoid it," Berk said
> later.
>
> For the next hour, the other members of the panel took turns questioning
> the scientific integrity, utility, and basic fairness of predictive
> techniques such as Berk’s. As it went on, he began to fidget in
> frustration. Berk leaned all the way back in his chair and crossed his
> hands over his stomach. He leaned all the way forward and flexed his
> fingers. He scribbled a few notes. He rested his chin in one hand like a
> bored teenager and stared off into space.
>
> Eventually, the debate was too much for him: “Here’s what I, maybe
> hyperbolically, get out of this,” Berk said. “No data are any good, the
> criminal justice system sucks, and all the actors in the criminal justice
> system are biased by race and gender. If that’s the takeaway message, we
> might as well all go home. There’s nothing more to do.” The room tittered
> with awkward laughter.
>
>
>
> Berk’s work on crime started in the late 1960s, when he was splitting his
> time between grad school and a social work job in Baltimore. The city
> exploded in violence following the assassination of Martin Luther King Jr.
> Berk’s graduate school thesis examined the looting patterns during the
> riots. “You couldn’t really be alive and sentient at that moment in time
> and not be concerned about what was going on in crime and justice,” he
> said. “Very much like today with the Ferguson stuff.”
>
> In the mid-1990s, Berk began focusing on machine learning, where computers
> look for patterns in data sets too large for humans to sift through
> manually. To make a model, Berk inputs tens of thousands of profiles into a
> computer. Each one includes the data of someone who has been arrested,
> including how old they were when first arrested, what neighborhood they’re
> from, how long they’ve spent in jail, and so on. The data also contain
> information about who was re-arrested. The computer finds patterns, and
> those serve as the basis for predictions about which arrestees will
> re-offend.
>
> To Berk, a big advantage of machine learning is that it eliminates the
> need to understand what causes someone to be violent. “For these problems,
> we don’t have good theory,” he said. Feed the computer enough data and it
> can figure it out on its own, without deciding on a philosophy of the
> origins of criminal proclivity. This is a seductive idea. But it’s also one
> that comes under criticism each time a supposedly neutral algorithm in any
> field produces worryingly non-neutral results. In one widely cited study,
> researchers showed that Google’s automated ad-serving software was more
> likely to show ads for high-paying jobs to men than to women. Another found
> that ads for arrest records show up more often when searching the web for
> distinctly black names than for white ones.
>
> Advertisement
>
> Computer scientists have a maxim, “Garbage in, garbage out.” In this case,
> the garbage would be decades of racial and socioeconomic disparities in the
> criminal justice system. Predictions about future crimes based on data
> about historical crime statistics have the potential to equate past
> patterns of policing with the predisposition of people in certain
> groups—mostly poor and nonwhite—to commit crimes.
>
> Berk readily acknowledges this as a concern, then quickly dismisses it.
> Race isn’t an input in any of his systems, and he says his own research has
> shown his algorithms produce similar risk scores regardless of race. He
> also argues that the tools he creates aren’t used for punishment—more often
> they’re used, he said, to reverse long-running patterns of overly harsh
> sentencing, by identifying people whom judges and probation officers
> shouldn’t worry about.
>
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>
> Berk began working with Philadelphia’s Adult Probation and Parole
> Department in 2006. At the time, the city had a big murder problem and a
> small budget. There were a lot of people in the city’s probation and parole
> programs. City Hall wanted to know which people it truly needed to watch.
> Berk and a small team of researchers from the University of Pennsylvania
> wrote a model to identify which people were most likely to commit murder or
> attempted murder while on probation or parole. Berk generally works for
> free, and was never on Philadelphia’s payroll.
>
> A common question, of course, is how accurate risk scores are. Berk says
> that in his own work, between 29 percent and 38 percent of predictions
> about whether someone is low-risk end up being wrong. But focusing on
> accuracy misses the point, he says. When it comes to crime, sometimes the
> best answers aren’t the most statistically precise ones. Just like
> weathermen err on the side of predicting rain because no one wants to get
> caught without an umbrella, court systems want technology that
> intentionally overpredicts the risk that any individual is a crime risk.
> The same person could end up being described as either high-risk or not
> depending on where the government decides to set that line. “The policy
> position that is taken is that it’s much more dangerous to release Darth
> Vader than it is to incarcerate Luke Skywalker,” Berk said.
>
> *“Every mark of poverty serves as a risk factor” *
>
>
>
> Philadelphia’s plan was to offer cognitive behavioral therapy to the
> highest-risk people, and offset the costs by spending less money
> supervising everyone else. When Berk posed the Darth Vader question, the
> parole department initially determined it’d be 10 times worse, according to
> Geoffrey Barnes, who worked on the project. Berk figured that at that
> threshold the algorithm would name 8,000 to 9,000 people as potential
> pre-murderers. Officials realized they couldn’t afford to pay for that much
> therapy, and asked for a model that was less harsh. Berk’s team twisted the
> dials accordingly. “We’re intentionally making the model less accurate, but
> trying to make sure it produces the right kind of error when it does,”
> Barnes said.
>
> The program later expanded to group everyone into high-, medium-, and
> low-risk populations, and the city significantly reduced how closely it
> watched parolees Berk’s system identified as low-risk. In a 2010 study,
> Berk and city officials reported that people who were given more lenient
> treatment were less likely to be arrested for violent crimes than people
> with similar risk scores who stayed with traditional parole or probation.
> People classified as high-risk were almost four times more likely to be
> charged with violent crimes.
>
> Since then, Berk has created similar programs in Maryland’s and
> Pennsylvania’s statewide parole systems. In Pennsylvania, an internal
> analysis showed that between 2011 and 2014 about 15 percent of people who
> came up for parole received different decisions because of their risk
> scores. Those who were released during that period were significantly less
> likely to be re-arrested than those who had been released in years past.
> The conclusion: Berk’s software was helping the state make smarter
> decisions.
>
> Laura Treaster, a spokeswoman for the state’s Board of Probation and
> Parole, says Pennsylvania isn’t sure how its risk scores are impacted by
> race. “This has not been analyzed yet,” she said. “However, it needs to be
> noted that parole is very different than sentencing. The board is not
> determining guilt or innocence. We are looking at risk.”
>
> Sentencing, though, is the next frontier for Berk’s risk scores. And using
> algorithms to decide how long someone goes to jail is proving more
> controversial than using them to decide when to let people out early.
>
>
>
> Wisconsin courts use Compas, a popular commercial tool made by a
> Michigan-based company called Northpointe. By the company’s account, the
> people it deems high-risk are re-arrested within two years in about 70
> percent of cases. Part of Loomis’s challenge was specific to Northpointe’s
> practice of declining to share specific information about how its tool
> generates scores, citing competitive reasons. Not allowing a defendant to
> assess the evidence against him violated due process, he argued. (Berk
> shares the code for his systems, and criticizes commercial products such as
> Northpointe’s for not doing the same.)
>
> As the court was considering Loomis’s appeal, the journalism website
> *ProPublica* published an investigation looking at 7,000 Compas risk
> scores in a single county in Florida over the course of 2013 and 2014. It
> found that black people were almost twice as likely as white people to be
> labeled high-risk, then not commit a crime, while it was much more common
> for white people who were labeled low-risk to re-offend than black people
> who received a low-risk score. Northpointe challenged the findings, saying
> *ProPublica* had miscategorized many risk scores and ignored results that
> didn’t support its thesis. Its analysis of the same data found no racial
> disparities.
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> Even as it upheld Loomis’s sentence, the Wisconsin Supreme Court cited the
> research on race to raise concerns about the use of tools like Compas.
> Going forward, it requires risk scores to be accompanied by disclaimers
> about their nontransparent nature and various caveats about their
> conclusions. It also says they can’t be used as the determining factor in a
> sentencing decision. The decision was the first time that such a high court
> had signaled ambivalence about the use of risk scores in sentencing.
>
> Sonja Starr, a professor at the University of Michigan’s law school and a
> prominent critic of risk assessment, thinks that Loomis’s case foreshadows
> stronger legal arguments to come. Loomis made a demographic argument,
> saying that Compas rated him as riskier because of his gender, reflecting
> the historical patterns of men being arrested at higher rates than women.
> But he didn’t frame it as an argument that Compas violated the Equal
> Protection Clause of the 14th Amendment, which allowed the court to
> sidestep the core issue.
>
> Loomis also didn’t argue that the risk scores serve to discriminate
> against poor people. “That’s the part that seems to concern judges, that
> every mark of poverty serves as a risk factor,” Starr said. “We should very
> easily see more successful challenges in other cases.”
>
> Officials in Pennsylvania, which has been slowly preparing to use risk
> assessment in sentencing for the past six years, are sensitive to these
> potential pitfalls. The state’s experience shows how tricky it is to create
> an algorithm through the public policy process. To come up with a
> politically palatable risk tool, Pennsylvania established a sentencing
> commission. It quickly rejected commercial products like Compas, saying
> they were too expensive and too mysterious, so the commission began
> creating its own system.
>
> *“If you want me to do a totally race-neutral forecast, you’ve got to tell
> me what variables you’re going to allow me to use, and nobody can, because
> everything is confounded with race and gender” *
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>
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> Race was discarded immediately as an input. But every other factor became
> a matter of debate. When the state initially wanted to include location,
> which it determined to be statistically useful in predicting who would
> re-offend, the Pennsylvania Association of Criminal Defense Lawyers argued
> that it was a proxy for race, given patterns of housing segregation. The
> commission eventually dropped the use of location. Also in question: the
> system’s use of arrests, instead of convictions, since it seems to punish
> people who live in communities that are policed more aggressively.
>
> Berk argues that eliminating sensitive factors weakens the predictive
> power of the algorithms. “If you want me to do a totally race-neutral
> forecast, you’ve got to tell me what variables you’re going to allow me to
> use, and nobody can, because everything is confounded with race and
> gender,” he said.
>
> Starr says this argument confuses the differing standards in academic
> research and the legal system. In social science, it can be useful to
> calculate the relative likelihood that members of certain groups will do
> certain things. But that doesn’t mean a specific person’s future should be
> calculated based on an analysis of populationwide crime stats, especially
> when the data set being used reflects decades of racial and socioeconomic
> disparities. It amounts to a computerized version of racial profiling,
> Starr argued. “If the variables aren’t appropriate, you shouldn’t be
> relying on them," she said.
>
> Late this spring, Berk traveled to Norway to meet with a group of
> researchers from the University of Oslo. The Norwegian government gathers
> an immense amount of information about the country’s citizens and connects
> each of them to a single identification file, presenting a tantalizing set
> of potential inputs.
>
> Torbjørn Skardhamar, a professor at the university, was interested in
> exploring how he could use machine learning to make long-term predictions.
> He helped set up Berk’s visit. Norway has lagged behind the U.S. in using
> predictive analytics in criminal justice, and the men threw around a few
> ideas.
>
> Berk wants to predict at the moment of birth whether people will commit a
> crime by their 18th birthday, based on factors such as environment and the
> history of a new child’s parents. This would be almost impossible in the
> U.S., given that much of a person’s biographical information is spread out
> across many agencies and subject to many restrictions. He’s not sure if
> it’s possible in Norway, either, and he acknowledges he also hasn’t
> completely thought through how best to use such information.
>
> Caveats aside, this has the potential to be a capstone project of Berk’s
> career. It also takes all of the ethical and political questions and
> extends them to their logical conclusion. Even in the movie *Minority
> Report*, the government peered only hours into the future—not years.
> Skardhamar, who is new to these techniques, said he’s not afraid of making
> mistakes: They’re talking about them now, he said, so they can avoid future
> errors. “These are tricky questions,” he said, mulling all the ways the
> project could go wrong. “Making them explicit—that’s a good thing.”
>
>
>
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