Spring 2021 Technological Tethereds: Potential Impact of Untrustworthy Artificial Intelligence in Criminal Justice Risk Assessment Instruments Sonia M. Gipson Rankin University of New Mexico - School of Law Follow this and additional works at: https://digitalrepository.unm.edu/law_facultyscholarship Part of the Applied Ethics Commons, Artificial Intelligence and Robotics Commons, Civil Rights and Discrimination Commons, Criminal Procedure Commons, Information Security Commons, Law and Race Commons, Law and Society Commons, and the Theory and Algorithms Commons Recommended Citation Sonia M. Gipson Rankin, Technological Tethereds: Potential Impact of Untrustworthy Artificial Intelligence in Criminal Justice Risk Assessment Instruments, 78 Washington and Lee Law Review 647 (2021). Available at: https://digitalrepository.unm.edu/law_facultyscholarship/858 This Article is brought to you for free and open access by the School of Law at UNM Digital Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UNM Digital Repository. For more information, please contact
[email protected]. Technological Tethereds: Potential Impact of Untrustworthy Artificial Intelligence in Criminal Justice Risk Assessment Instruments Sonia M. Gipson Rankin* Abstract Issues of racial inequality and violence are front and center today, as are issues surrounding artificial intelligence (“AI”). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color. Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice reform.