算法风险评估和专家证据
1Emeritus Professor, Melbourne Law School, University of Melbourne. The author would like to thank Andrew Simon-Butler for his research assistance.
Journal of law and medicine
|August 25, 2025
概括
法医风险评估工具有助于法律决策, 但专有算法引发了伦理和法律问题. 结构化的专业判断平衡了工具与临床专业知识.
科学领域:
- 法医心理学
- 法律医学
- 犯罪学
背景情况:
- 风险评估在法律环境中至关重要,尤其是刑事法律.
- 法医心理学家和精神病学家评估未来犯罪活动的风险.
- 使用的工具包括统计或精算风险预测尺度.
研究的目的:
- 突出法医风险评估中的伦理和法律问题.
- 讨论专有风险评估算法的影响.
- 检查目前对结构化的专业判断的重视.
主要方法:
- 审查目前的法医风险评估实践.
- 分析结构化的专业判断方法.
- 审查私人风险评估工具所带来的伦理和法律挑战.
主要成果:
- 风险评估工具是法律诉讼的重要组成部分.
- 结构化的专业判断将保险学数据与临床专业知识相结合.
- 风险评估工具中未公开的算法造成了重大的伦理和法律困境.
结论:
- 私营公司使用不透明的风险评估算法带来了伦理和法律上的挑战.
- 为了公平的法律应用,必须平衡精算数据,临床判断和透明度.
- 需要进一步讨论法医风险评估工具的监管和透明度.
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