Cited by 75Ethics and Social Impacts of AIArtificial Intelligence in LawCriminal Justice and Corrections Analysis

Why Machine Learning May Lead to Unfairness: Evidence from Risk Assessment for Juvenile Justice in Catalonia

Tolan, Songül, Miron, Marius, Gómez, Emilia, Castillo, Carlos·2019·Proceedings of the Seventeenth International Conference on Artificial Intelligence and Law

Abstract

In this paper we study the limitations of Machine Learning (ML) algorithms for predicting juvenile recidivism. Particularly, we are interested in analyzing the trade-off between predictive performance and fairness. To that extent, we evaluate fairness of ML models in conjunction with SAVRY, a structured professional risk assessment framework, on a novel dataset originated in Catalonia. In terms of accuracy on the prediction of recidivism, the ML models slightly outperform SAVRY; the results improve with more data or more features available for training (AUCROC of 0.64 with SAVRY vs. AUCROC of 0.71 with ML models). However, across three fairness metrics used in other studies, we find that SAVRY is in general fair, while the ML models tend to discriminate against male defendants, foreigners, or people of specific national groups. For instance, foreigners who did not recidivate are almost twice as likely to be wrongly classified as high risk by ML models than Spanish nationals. Finally, we discuss potential sources of this unfairness and provide explanations for them, by combining ML interpretability techniques with a thorough data analysis. Our findings provide an explanation for why ML techniques lead to unfairness in data-driven risk assessment, even when protected attributes are not used in training.

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Crossref · 10.1145/3322640.3326705

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  • Many variables are explicitly defined as 'sensitive' by specific legal frameworks.

    “We note that many variables are explicitly deined as łsensitivež by speciic legal frameworks, see [25,129,130,191,192,209,268,280,306] and the references therein.”

    From Fairness in machine learning: A survey (2024) · cites this paper as [280]

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References 39 · Cited by 75

Authors
Tolan, S., Miron, M., Gómez, E., & Castillo, C.
Affiliations
  • European Commission (BE)
  • Joint Research Centre, European Commission, Universitat Pompeu Fabra, Barcelona
  • Universitat Pompeu Fabra (ES)
Venue
Proceedings of the Seventeenth International Conference on Artificial Intelligence and Law
Publisher
ACM
Published
2019-06-17
Pages
83-92
OpenAlex
W2963524705
Cited by
75
References
39
Citations by year
2026: 9 · 2025: 11 · 2024: 12 · 2023: 13 · 2022: 10 · 2021: 12 · 2020: 8
FWCI
7.81
Type
conference paper
Language
en
Open access
closed
Locations
International Conference on Artificial Intelligence and Law (publishedVersion)
Funders
Commercializations Promotion Agency for R and D Outcomes
Topics
  • Social Sciences › Safety Research › Ethics and Social Impacts of AI
  • Social Sciences › Political Science and International Relations › Artificial Intelligence in Law
  • Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
Keywords
algorithmic fairness, risk assessment, SAVRY, machine learning bias, protected characteristics, gender discrimination, foreigners, model interpretability

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