{"title":"The impact of algorithms on legitimacy in sentencing","authors":"Elizabeth Tiarks","doi":"10.19164/jltt.v2i1.1151","DOIUrl":"https://doi.org/10.19164/jltt.v2i1.1151","url":null,"abstract":"This paper explores current and future possible uses of algorithms in sentencing and assesses the likely impact of their use on penal legitimacy. The focus is on sentencing in England and Wales, although examples from the United States, where the use of algorithms in sentencing is more extensive, are also considered. An understanding of legitimacy grounded in procedural fairness is used, with a particular focus on two key factors affecting fairness: bias and transparency. It is concluded that the use of algorithms in sentencing increases bias and decreases transparency, adversely affecting the fairness of the sentencing process and weakening penal legitimacy. The paper is intended to contribute to wider discussions on sentencing and the use of algorithms in criminal justice and may therefore appeal to academics in these areas, criminal justice practitioners and policymakers considering further development of algorithmic tools in sentencing.","PeriodicalId":140361,"journal":{"name":"Journal of Law, Technology and Trust","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129250916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Policy Agenda for Legal Education and Training and the Fourth Industrial Revolution: The Case of England and Wales","authors":"Andra le Roux-Kemp","doi":"10.19164/jltt.v2i1.1004","DOIUrl":"https://doi.org/10.19164/jltt.v2i1.1004","url":null,"abstract":"While the full impact of the Fourth Industrial Revolution remains uncertain, it is by now generally accepted that highly intelligent technologies and their applications – such as robotics, artificial intelligence (AI), machine learning, digitialisation, and big Data – will continue to fundamentally transform all aspects of our occupational and personal lives. Yet, in the realm of higher education policy and specifically with regard to non-STEM disciplines like law, thorough-going engagement with this most recent wave of technological development remains lacking. It is the aim of this article to set a policy agenda for legal education and training that is sensitive to the opportunities and potential negative outfall of the Fourth Industrial Revolution (now exacerbated by COVID-19), while also taking into consideration the distinctive nature of legal education and training in England and Wales. Set against the higher education policy landscape of England and Wales, a number of concrete recommendations are made for bringing legal education and training into the age of the Fourth Industrial Revolution. These include, for example, a call for the radical transformation of the traditional, linear, and monodisciplinary LLB degree, addressing current and projected skills gaps and skills shortages by way of, inter alia, curriculum reform, and working towards greater mobility of law graduates between different legal jurisdictions and also within one jurisdiction but amongst different roles. These changes are necessary as legal education and training in England and Wales currently leave law graduates ill-equipped for the future labour market and do not adequately value and build on the job-tasks that legal professionals uniquely supply.","PeriodicalId":140361,"journal":{"name":"Journal of Law, Technology and Trust","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126372894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘World of Warcraft is My Home From Home’: An Argument for the Protection of Virtual Worlds","authors":"Adam Ramshaw","doi":"10.19164/jltt.v1i1.1012","DOIUrl":"https://doi.org/10.19164/jltt.v1i1.1012","url":null,"abstract":"Virtual worlds have taken on a renewed significance in our contemporary world of social distancing and isolation. Virtual worlds exist independently of the physical world yet allow individuals a degree of verisimilitude of the physical world; including attachment to that world and others in it. This phenomenon is present in Massively Multiplayer Online Roleplaying Games which are the primary focus of this work. How the law ought to approach such virtual worlds has been contested since the early days of the internet. Much of the literature in the area looks to utilise established areas of law such as property law, contract law, or intellectual property to solve the novel problems created by virtual worlds. It is perhaps understandable that scholars and judges would opt for established areas of law in light of their knowledge and trust in the same. This traditional approach understands virtual worlds and the items therein as the property of the developer thereby eroding users’ trust in the long term existence of virtual worlds. This article takes a novel and previously unexplored view as to how virtual worlds should be protected in light of the attachment an individual may feel towards virtual worlds irrespective of ownership. It will be established that this attachment is akin to the connection a person may feel towards their home in the physical world. This paper utilises these similarities to question why legal protections are not afforded to individuals and the virtual worlds to which they are connected. In arguing to secure this protection the article draws inspiration from the community empowerment principles of the Localism Act 2011 which allows for land and buildings to be protected as Assets of Community Value.","PeriodicalId":140361,"journal":{"name":"Journal of Law, Technology and Trust","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121931029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Kim Barker, Enrique Uribe-Jongbloed, Tobias M. Scholz
{"title":"Privacy as Public Good – A Comparative Assessment of the Challenge for CoronApps in Latin America","authors":"Kim Barker, Enrique Uribe-Jongbloed, Tobias M. Scholz","doi":"10.19164/jltt.v1i1.1006","DOIUrl":"https://doi.org/10.19164/jltt.v1i1.1006","url":null,"abstract":" Much of the reporting of the tracing apps, tracking programmes, and privacy concerns during the developmental processes and the initial stages of the Covid-19 pandemic have focussed on pitting digital rights and privacy against public health interests. Undoubtedly, there is best practice in establishing a tracing app to respond to Covid-19 while the work of civil society and NGOs in scrutinising the apps in various nations is vitally important and provides the core analysis of the scope of the data to be collated and retained. The holding to account of tracing systems and governments in utilising technology that is by its very nature invasive is vital in protecting digital rights. In times of crisis in particular, accountability is incredibly important to ensure that digital rights are not pushed aside in light of other concerns.To balance digital rights and privacy, and public health, accountability and transparency are essential – the scrutiny of the track and trace systems in Germany, the UK, and Colombia is therefore undertaken in this paper, which questions from interdisciplinary perspectives the scrutiny, accountability, and privacy concerns in each nation’s app before offering some conclusions and recommendations for the improvement and development of privacy and digital rights in Latin America. The conclusions offered here highlight good practice and outline the need for a holistic consideration of tracing systems, rather than advocating for a ‘one size fits all approach’ by positioning privacy as a public good, rather than an opponent of technological tracing systems.","PeriodicalId":140361,"journal":{"name":"Journal of Law, Technology and Trust","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133769071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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