"Soon The Sentence Sign" by David M. Hoenig
A man is arrested after a bar fight. Will he let an AI judge determine his fate?
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Soon The Sentence Sign, by David M. Hoenig
Audio
Jason Sweeney sat quietly; his hands secured behind him. He glanced at the young uniformed Korean woman who had arrested him.
Marshal Hwang Min Pak didn’t so much as look up from her pad and stylus. She clicked a corner of her electronic device, consulted its clock function, then powered it down and put it away. “It’s nearly noon local time. We should get to the security tower in another five minutes, give or take, so let me clue you in given it’s your first offense.”
Sweeney hunched his shoulders submissively and remained silent.
Marshal Pak settled back in her seat. “Titan’s the new frontier, ‘Sweeney Todd’. We don’t have enough population—or criminals—to warrant a full-time legal system. Circuit court judges have a long haul to get here via interplanetary, so waiting for a regular trial can mean being imprisoned for a long time before anything happens.”
The transport began to slow. “But it was just a bar fight, and he started it!”
“I got your statement already, so shut up and listen.” Pak put her hand onto her prisoner’s shoulder and gave a minute squeeze. “You’re not such a bad guy, but we caught you, literally, red-handed after slashing someone with a broken bottle. In an illegal establishment. You both broke the law: he’s got his process to deal with, and you’ve got yours.” She checked her pad again. “In a very little bit, you’ll have some choices to make. You have the right to a trial, so you can either eat survival rations in solitary confinement while you wait for a human judge to get out here, or you can use the latest AI judicial package approved by Titan Corporation’s ‘legal beagles’.”
Sweeney put his head in his hands. “Great choices.”
“Take some advice?” Marshal Pak smiled when he looked at her. The transport slowed to a halt. “Life’s too short. Don’t wait for a circuit judge. If you’re found guilty, you’ll end up paying for your own prison sentence in addition to everything else.”
“Shit.”
“I’ve worked with Judicial Suite myself, and it’s pretty comprehensive. And fair. I’ve seen cases where all charges were dropped because the AI personality matrices found someone innocent.”
“Really?”
“Yeah, but the charges for attorneys, procedures, and all the legal stuff can really rack up, and…”
“And I’m responsible for it if eventually found guilty.”
Pak nodded.
“But I could argue my case and go free?”
“I’ve seen it, Sweeney. But it’s probably best to just plead guilty and take the summary judgment from the AI.”
“Let a computer decide my fate?”
She snorted laughter.
“What’s so funny?”
“Ever since they started holding trials, Sweeney, someone decides the guilt or innocence of an accused. You think humans can do it better than an artificial intelligence?”
Sweeney considered that.
The transport stopped and the door slid open. Marshal Pak escorted him into the security, recorded his thumbprint at processing, and took him to an elevator. They went down several levels, and she stopped him at a door. It opened for her, and Sweeney saw a screen and a chair in an otherwise tiny, bare metal room. She took off the cuffs. “In you go.”
“What do I do?”
“The computer will explain everything. All you have to do is make choices.” She pushed him gently.
Sweeney went into the cubicle without resisting and the door closed behind him. He sat in the chair.
The screen promptly powered on, and a computerized voice spoke from it. “Jason A. Sweeney: you have been arrested on charges of assault and battery, assault with a deadly weapon, and public intoxication with an illegal substance.”
“I was drinking in a bar and defended myself from an idiot!”
“Outbursts will not be tolerated: additional charges of contempt of court may be brought against you if you continue in such fashion. This court has reviewed relevant evidence and testimony. Do you contest any of the previously described charges?”
Sweeney blew out a breath before responding. “Yes; all of them.”
“If you are not prepared to accept summary judgment from this court for the specified charges, you have the right to either be remanded to solitary confinement on subsistence diet for an unspecified period to await arrival of a Solar Court-approved judge, or to proceed with immediate trial utilizing Judicial Suite 3.7.1 software.”
Two icons lit up on the screen, and Sweeney tapped the one on the right. The display cleared.
“Thank you for selecting the use of Judicial Suite 3.7.1. Please indicate if you would like to accept summary judgment based on current evidence, or if you would prefer to undergo a virtual trial using this software.”
“Question: what exactly does ‘summary judgment’ mean in this case?”
“It would mean that you acknowledge your guilt on all charges, and accept the judgment of this court in assigning an appropriate sentence.”
“Hell with that. I want the trial.”
“Thank you for choosing to undergo a trial. Judicial Suite 3.7.1 is currently being loaded to the local system... Judge 4.0 has successfully loaded... Jury 2.7 has successfully loaded... Prosecutor 3.1.5 has successfully loaded. Please indicate if you would prefer an AI defense attorney or to represent yourself. Judicial Package 3.7.1 and Titan Corporation strongly recommend selecting the AI Defense attorney.”
“Yeah, I want the lawyer.”
“Thank you for choosing the AI Defense attorney option. Please peruse the complete collection of AI Defense attorney personalities available to choose from, and their costs.”
He began scrolling. “You’ve got to be kidding; there’s over eighty different choices!”
“Indeed. Judicial Suite 3.7.1 offers the closest approximation to the ideal of human legal systems, including a multitude of matrices to allow the accused as much latitude as possible.”
“Great. Who, or what, is a ‘Johnny Cochran?’”
“Specific characteristics, as well as relative strengths and weaknesses of particular personalities in pursuing this proceeding, can be accessed as subheadings under each entry. Once again, Judicial Suite 3.7.1 advises against representing yourself.”
“But if I choose an AI, I’m kind of just choosing you, aren’t I?”
“No. For each aspect of this case, you will select a unique, specific personality matrix to represent the usual participants in this trial.”
Sweeney rubbed his temples. “I really don’t understand how you can be you, a judge, opposing lawyers...”
“Historically, the uncertainty of many factors affected the outcome of trials: personal biases of a particular judge assigned to the case, the quality of attorney available, the specific persons selected to the jury. To accurately simulate this exhaustively comprehensive process, accused persons must be provided with the opportunity to make choices and allow for random probabilities which will affect the trial’s outcome, and, if you are found guilty, of the sentencing phase. Your choices will facilitate the exacting and complex legal process of a trial.”
“Well, how am I supposed to know what to choose?”
“I can provide you with legal advice based on a cost-value scale, or if you prefer to employ a randomization algorithm for any category...”
Sweeney interrupted. “Can I go back?”
“Specify.”
“What happens if we just forget about the trial and I choose summary judgment instead?”
The computer’s response was delayed enough that Sweeney thought that it might have been offended. “Judicial suite 3.7.1 is prepared to accept your plea of ‘guilty’ and to pass sentence based on a median level of punishment for similar crimes across the spectrum of human criminal proceedings. Such a sentence will be moderated by the personal circumstances of the defendant, and commensurate with the cost-savings to Titan Corporation which would be realized through avoidance of a lengthy trial.”
Sweeney thought back to the advice that Marshal Pak had given him, and carefully touched the ‘Cancel’ icon at the bottom right of the screen. “Fine; I accept summary judgment instead of trial.” After just a second, he added: “Please.”
“Excellent. In light of the evidence and your cooperation in this proceeding, this court sentences you to a fine of 10% of your wages for the next 300 days, abstinence from intoxicating substances for the same period as documented by biomonitor, and mandatory psychiatric evaluation and attendance/participation with all medically recommended therapy. If you fail in any part of these requirements, you will be immediately sentenced to execution by being exposed to the outside environment. Please agree to all terms of this sentence by thumbprint on the screen.”
Jason Sweeney exhaled and applied his thumb to the screen. The cubicle door clicked open.
“Hey.” Hwang Min Pak smiled at him from the doorway.
“Is… is that it?”
“Yep. I can get you processed if you’re ready.”
“What are you still doing here?”
She shrugged. “I made a bet with myself. Wanted to see how it turned out.”
Sweeney stood. “How’d you do?”
“Won it.” She smiled. “Each of us in Security had to play through a scenario with Judicial Suite during training.”
“Really? Seems like an ugly way to treat an employee.”
“Officially, the Corp was testing it for bugs and flexibility, but I’m pretty sure they wanted us to know what it was like.”
“Because then you could give someone advice before…”
Her answering grin was wide. “You’re not as dumb as you looked back in Dome Eight. C’mon: I already told you, life’s too short for this shit.”
Discussion Questions
If you were arrested for a crime you knew you committed, would you plead guilty and admit your wrongdoing, or would you force the State to prove your guilt? Why?
If you were arrested for a crime you knew you committed, but you knew the government could not prove, would you plead guilty and admit your wrongdoing anyway? Why? Does your answer change with the nature of the crime? Why?
Would you feel comfortable having an AI judge? An AI lawyer? Are there professions where you would prefer AI or a person? What is it about a person, or AI, that is compelling in certain situations?
The AI system in the story takes into account the cost avoidance saved by pleading guilty (rather than going to trial) when determining the punishment; should cost avoidance be a consideration in the justice system?
If the narrator had gone to trial, he would have had the choice to pick between different AI lawyers to represent him, each with their own strengths. Do you think it is fair that different criminals are represented by different lawyers, of different quality? If you think it is not fair, what, if anything, would be a better system of equal legal defense?
1. I would plead guilty. If I committed a crime, I did so for a reason, so I might as well use the opportunity to make my voice heard.
2. Same answer
3. Maybe some day, as AI improves. In this story, AI attempts to replicate human bias, which is counterintuitive. The reason for using AI would not be expedience, but to get around human bias. However, as it is now, AI is unable to differentiate between true and false information. It cannot think, and therefor is useless for matters of judgment.
4. No. Innocent people have been pressured to plead guilty. It's a mockery of the ideals the system was built on.
5. I think people should be allowed to have their trial overseen by someone who has the potential to understand their background. Matching ethnicity, gender, etc. would significantly reduce negative bias in court cases.
This is insanely compelling and a terrifying glimpse at a possible future. I worry that AI would not be able to factor in emotional matters when making decisions. Plus, there is a huge opportunity to abuse databases and tamper with codes to try and get a 'favourable' outcome for those who have more power over court proceedings. I really enjoyed reading this, and thinking about all of the moral sides of the idea - thanks so much!