In the digital age, the use of advanced technology is becoming a new paradigm in police work, criminal justice, and the penal system. Algorithms promise to predict delinquent behaviour, identify potentially dangerous persons, and support crime investigation. Algorithm-based applications are often deployed in this context, laying the groundwork for a ‘smart criminal justice’. In this qualitative study based on 32 interviews with criminal justice and police officials, we explore the reasons why and extent to which such a smart criminal justice (...) system has already been established in Switzerland, and the benefits perceived by users. Drawing upon this research, we address the spread, application, technical background, institutional implementation, and psychological aspects of the use of algorithms in the criminal justice system. We find that the Swiss criminal justice system is already significantly shaped by algorithms, a change motivated by political expectations and demands for efficiency. Until now, algorithms have only been used at a low level of automation and technical complexity and the levels of benefit perceived vary. This study also identifies the need for critical evaluation and research-based optimization of the implementation of advanced technology. Societal implications, as well as the legal foundations of the use of algorithms, are often insufficiently taken into account. By discussing the main challenges to and issues with algorithm use in this field, this work lays the foundation for further research and debate regarding how to guarantee that ‘smart’ criminal justice is actually carried out smartly. (shrink)

In this article, we argue that dominant norms of demographic data are insufficient for accounting for the complexities that characterize many lesbian, gay, bisexual, transgender, and queer lives. Here, we draw from the responses of 178 people who identified as non-heterosexual or non-cisgender to demographic questions we developed regarding gender and sexual orientation. Demographic data commonly imagines identity as fixed, singular, and discrete. However, our findings suggest that, for LGBTQ people, gender and sexual identities are often multiple and in flux. (...) An overwhelming majority of our respondents reported shifting in their understandings of their sexual identities over time. In addition, for many of our respondents, gender identity was made up of overlapping factors, including the relationship between gender and transgender identities. These findings challenge researchers to reconsider how identity is understood as and through data. Drawing from critical data studies, feminist and queer digital media studies, and social justice initiatives like Data for Black Lives, we call for a reimagining of identity-based data as “queer data” or “data for queer lives.” We offer also recommendations for researchers to develop more inclusive survey questions. At the same time, we address the ways that queer perspectives destabilize the underlying logics of data by resisting classification and “capture.” For marginalized people, the stakes of this work extend beyond academia, especially in the era of algorithms and big data when the issue of who is or is not “counted” profoundly affects visibility, access, and power in the digital realm. (shrink)

Predictive policing has become a new panacea for crime prevention. However, we still know too little about the performance of computational methods in the context of predictive policing. The paper provides a detailed analysis of existing approaches to algorithmic crime forecasting. First, it is explained how predictive policing makes use of predictive models to generate crime forecasts. Afterwards, three epistemologies of predictive policing are distinguished: mathematical social science, social physics and machine learning. Finally, it is shown that these epistemologies have (...) significant implications for the constitution of predictive knowledge in terms of its genesis, scope, intelligibility and accessibility. It is the different ways future crimes are rendered knowledgeable in order to act upon them that reaffirm or reconfigure the status of criminological knowledge within the criminal justice system, direct the attention of law enforcement agencies to particular types of crimes and criminals and blank out others, satisfy the claim for the meaningfulness of predictions or break with it and allow professionals to understand the algorithmic systems they shall rely on or turn them into a black box. By distinguishing epistemologies and analysing their implications, this analysis provides insight into the techno-scientific foundations of predictive policing and enables us to critically engage with the socio-technical practices of algorithmic crime forecasting. (shrink)