Decisionalizing the problem of reliance on expert and machine evidence

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Version: Final published version
License: CC BY-NC-ND 4.0
Serval ID
serval:BIB_87B6E150DC4A
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Decisionalizing the problem of reliance on expert and machine evidence
Journal
Law, Probability and Risk
Author(s)
Biedermann Alex, Lau Timothy
ISSN
1470-8396
1470-840X
Publication state
Published
Issued date
17/12/2024
Peer-reviewed
Oui
Volume
23
Number
1
Pages
mgae007
Language
english
Notes
Funding: Swiss National Science Foundation (grant no. BSSGI0_155809); Société Académique Vaudoise; Université de Lausanne.
Abstract
This article analyzes and discusses the problem of reliance on expert and machine evidence, including Artificial Intelligence output, from a decision-analytic point of view. Machine evidence is broadly understood here as the result of computational approaches, with or without a human-in-the-loop, applied to the analysis and the assessment of the probative value of forensic traces such as fingermarks. We treat reliance as a personal decision for the factfinder; specifically, we define it as a function of the congruence between expert output in a given case and ground truth, combined with the decision-maker’s preferences among accurate and inaccurate decision outcomes. The originality of this analysis lies in its divergence from mainstream approaches that rely on standard, aggregate performance metrics for expert and AI systems, such as aggregate accuracy rates, as the defining criteria for reliance. Using fingermark analysis as an example, we show that our decision-theoretic criterion for the reliance on expert and machine output has a dual advantage. On the one hand, it focuses on what is really at stake in reliance on such output and, on the other hand, it has the ability to assist the decision-maker with the fundamentally personal problem of deciding to rely. In essence, our account represents a model- and coherence-based analysis of the practical questions and justificatory burden encountered by anyone required to deal with computational output in forensic science contexts. Our account provides a normative decision structure that is a reference point against which intuitive viewpoints regarding reliance can be compared, which complements standard and essentially data-centered assessment criteria. We argue that these considerations, although primarily a theoretical contribution, are fundamental to the discourses on how to use algorithmic output in areas such as fingerprint analysis.
Web of science
Open Access
Yes
Funding(s)
Swiss National Science Foundation / BSSGI0_155809
Create date
18/12/2024 7:34
Last modification date
18/12/2024 7:46
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