Algorithmic Sentencing and Fairness Perceptions

We study how citizens perceive the fairness of using artificial intelligence (AI) in criminal sentencing, using a survey experiment with a representative sample in Norway ( N = 2222 ). Participants were randomly assigned to one of four experimental vignettes describing the use of AI in judicial decision-making that varied along two dimensions: human involvement (decision support vs. fully automated decision-making) and explainability (whether it is possible to determine which factors the algorithm gives the most weight to or not). In addition, respondents could be assigned to a fifth baseline condition representing the status quo, in which sentencing decisions were made solely by human judges. We find that even when AI is fully explainable and used only to support human judges, it significantly reduces perceived fairness compared to human-only decisions. This fairness gap widens with a lack of human involvement (i.e., fully automated AI system) and when decisions are non-explainable. Our results highlight that the mere involvement of AI in legal decision-making can undermine public fairness perceptions, regardless of its technical merits.

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Publication Details

Journal
Journal of law & empirical analysis.
Published
2026-09-04
DOI
https://doi.org/10.1177/2755323x261486564
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
0.00

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article

Algorithmic Sentencing and Fairness Perceptions

Mikael Poul Johannesson, Henrik Litleré Bentsen
Journal of law & empirical analysis.
Ethics and Social Impacts of AI
article

Algorithmic Sentencing and Fairness Perceptions

Mikael Poul Johannesson, Henrik Litleré Bentsen
article en

Abstract

We study how citizens perceive the fairness of using artificial intelligence (AI) in criminal sentencing, using a survey experiment with a representative sample in Norway ( N = 2222 ). Participants were randomly assigned to one of four experimental vignettes describing the use of AI in judicial decision-making that varied along two dimensions: human involvement (decision support vs. fully automated decision-making) and explainability (whether it is possible to determine which factors the algorithm gives the most weight to or not). In addition, respondents could be assigned to a fifth baseline condition representing the status quo, in which sentencing decisions were made solely by human judges. We find that even when AI is fully explainable and used only to support human judges, it significantly reduces perceived fairness compared to human-only decisions. This fairness gap widens with a lack of human involvement (i.e., fully automated AI system) and when decisions are non-explainable. Our results highlight that the mere involvement of AI in legal decision-making can undermine public fairness perceptions, regardless of its technical merits.

Journal of law & empirical analysis.
NORCE Research AS (NO)
Norges Forskningsråd
Peace, Justice and strong institutions
Openalex Percentile: Top 7%
Ethics and Social Impacts of AI
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