Cited by 1,040Criminal Justice and Corrections AnalysisArtificial Intelligence in LawLaw, Economics, and Judicial Systems

Human Decisions and Machine Predictions

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Kleinberg, Jon, Lakkaraju, Himabindu, Leskovec, Jure, Ludwig, Jens, Mullainathan, Sendhil·2018·The Quarterly Journal of Economics

Abstract

Can machine learning improve human decision making? Bail decisions provide a good test case. Millions of times each year, judges make jail-or-release decisions that hinge on a prediction of what a defendant would do if released. The concreteness of the prediction task combined with the volume of data available makes this a promising machine-learning application. Yet comparing the algorithm to judges proves complicated. First, the available data are generated by prior judge decisions. We only observe crime outcomes for released defendants, not for those judges detained. This makes it hard to evaluate counterfactual decision rules based on algorithmic predictions. Second, judges may have a broader set of preferences than the variable the algorithm predicts; for instance, judges may care specifically about violent crimes or about racial inequities. We deal with these problems using different econometric strategies, such as quasi-random assignment of cases to judges. Even accounting for these concerns, our results suggest potentially large welfare gains: one policy simulation shows crime reductions up to 24.7% with no change in jailing rates, or jailing rate reductions up to 41.9% with no increase in crime rates. Moreover, all categories of crime, including violent crimes, show reductions; these gains can be achieved while simultaneously reducing racial disparities. These results suggest that while machine learning can be valuable, realizing this value requires integrating these tools into an economic framework: being clear about the link between predictions and decisions; specifying the scope of payoff functions; and constructing unbiased decision counterfactuals.

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  • Evidence suggests that algorithms make policy-relevant predictions more accurately, fairly, and consistently than public servants.

    “Evidence suggests that algorithms make policy-relevant predictions more accurately, fairly, and consistently than public servants ( Kleinberg et al., 2018 ;Kleinberg et al., 2015 ).”

    From The flaws of policies requiring human oversight of government algorithms (2022) · cites this paper as Kleinberg et al., 2018

    The Introduction reports that an algorithmic release rule could improve on judges’ decisions while reducing racial disparities. Section VI.C attributes part of the gap in outcomes to inconsistency in judges’ decisions. The evidence concerns judges making pretrial-release decisions, not public servants or policy-relevant predictions generally, so the claim extends beyond the setting studied. (LLM, conf=0.87)

    Experimental — accuracy not yet measured
  • Tools that help developers pro-ethically design solutions that do not overly restrict the user's options in acting on predictions (i.e., tools that promote user autonomy) are in short supply.

    “As such, tools that, for example, help developers pro-ethically design solutions that do not overly restrict the user’s options in acting on this prediction (i.e. tools that promote the user’s autonomy) are in short supply (Kleinberg et al. 2017).”

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Research works printed but not linked: 5

  1. Black Fischer Noise The Journal of Finance 41 1986 528 543
  2. Jacob Brian A Lefgren Lars Principals as agents: Subjective performance assessment in education Journal of Labor Economics 26 2008 101 136
  3. Kleinberg Jon Lakkaraju Himabindu Leskovec Jure Ludwig Jens Mullainathan Sendhil Replication Data for: ‘Human Decisions and Machine Predictions’ Harvard Dataverse 2017 10.7910/DVN/VWDGHT PMC5947971 29755141 · DOI
  4. Starr Sonja B Evidence-based sentencing and the scientific rationalization of discrimination Stanford Law Review 66 2014 803 872
  5. Toborg Mary A Pretrial release practices in the United States, 1976-1978 2nd ICPSR edition Ann Arbor, MI Inter-university Consortium on Political and Social Research ICPSR07972.v2 1997

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Authors
Kleinberg, J., Lakkaraju, H., Leskovec, J., Ludwig, J., & Mullainathan, S.
Affiliations
  • Cornell University (US)
  • Stanford University (US)
  • National Bureau of Economic Research (US)
Venue
The Quarterly Journal of Economics
Published
2017-08-26
Volume
133
Issue
1
Pages
237-293
ISSN
  • 0033-5533 (ISSN-L)
  • 1531-4650
OpenAlex
W2551317447
Cited by
1,040
References
50
Citations by year
2026: 130 · 2025: 140 · 2024: 108 · 2023: 197 · 2022: 91 · 2021: 140 · 2020: 100 · 2019: 89 · 2018: 30 · 2017: 12 · 2016: 2 · 2015: 1
FWCI
163.32
Type
journal article
Language
en
Open access
Locations
  • The Quarterly Journal of Economics (publishedVersion)
  • PubMed (publishedVersion)
  • Europe PMC (PubMed Central) (acceptedVersion)
  • PubMed Central (acceptedVersion)
  • RePEc: Research Papers in Economics (submittedVersion)
Funders
National Institute of Biomedical Imaging and Bioengineering (U54EB020405)
Topics
  • Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
  • Social Sciences › Political Science and International Relations › Artificial Intelligence in Law
  • Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Law, Economics, and Judicial Systems
Keywords
bail decisions, pretrial detention, algorithmic prediction, machine learning, judicial decision-making, counterfactual evaluation, quasi-random assignment, racial disparities, violent crime, crime reduction, welfare gains, policy simulation

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