[HN Gopher] A man spent a year in jail on murder charge that hin...
       ___________________________________________________________________
        
       A man spent a year in jail on murder charge that hinged on disputed
       AI evidence
        
       Author : LinuxBender
       Score  : 328 points
       Date   : 2021-08-22 11:47 UTC (11 hours ago)
        
 (HTM) web link (www.theregister.com)
 (TXT) w3m dump (www.theregister.com)
        
       | arthur_sav wrote:
       | Anyone else surprised that such a system is running across
       | cities?
        
       | rvba wrote:
       | Wow there are microphones used to detect gunshots in Chicago? I
       | remember seeing such technology in a relatively obscure cyberpunk
       | comic book when I was a kid, but I never thought this would be
       | legal.
       | 
       | Do the microphones record conversations too? Can the government
       | spy on its own citizens? I guess some secret court (
       | https://en.m.wikipedia.org/wiki/United_States_Foreign_Intell... )
       | allowed it?
        
         | LinuxBender wrote:
         | There are LED street lights in San Diego California that do
         | just that. They have cameras and microphones. The microphones
         | are used for Machine Learning of what people say. [1] There are
         | a handful of other cities deploying these. It is a clever way
         | to deploy CCTV much like what the UK has but without drawing
         | much attention to it.
         | 
         | [1] - https://www.smartcitiesdive.com/news/san-diego-faces-
         | lawsuit...
        
         | bleachedsleet wrote:
         | Oh boy, wait until you learn it's not just Chicago where they
         | deploy this crap [1]
         | 
         | [1] https://www.shotspotter.com/cities/
        
       | LatteLazy wrote:
       | This seems like the definition of circumstantial evidence doesn't
       | it? AI, human, accourate or not, he shouldn't have been in jail
       | without something more.
        
       | bryan0 wrote:
       | > Soon after another vehicle pulled up alongside, and someone in
       | a passenger seat took out a gun and shot Herring in the head,
       | Williams told police.
       | 
       | I dont understand what Shotspotter has to do with this case at
       | all. The question the case seems to hinge on is "who fired the
       | gun", not "was a gun fired at this location".
       | 
       | What am I missing?
        
         | dylan604 wrote:
         | >What am I missing?
         | 
         | The fact that some of the evidence the police used to say who
         | did what where was manufactured by the company.
        
           | bryan0 wrote:
           | The headline is:
           | 
           | > A man spent a year in jail on a murder charge that hinged
           | on disputed AI evidence.
           | 
           | But after the reading the article, the evidence seemed
           | irrelevant?
           | 
           | Maybe the headline should have been:
           | 
           | > AI evidence was manually reclassified after human review in
           | murder case
        
             | DubiousPusher wrote:
             | Incorrect
             | 
             | > Prosecutors said ShotSpotter picked up a gunshot sound
             | where Williams was seen on surveillance camera footage in
             | his car, putting it all forward as proof that Williams shot
             | Herring right there and then.
             | 
             | The police used the altered location of the shot to imply
             | that the defendant's story about what happened wasn't true.
             | Which was that another person in another var at a different
             | location did the shooting.
             | 
             | They used the altered location data alongside video
             | evidence to imply the defendant and the victim were alone
             | at the shot location and therefore the defendant was the
             | only possible suspect.
        
               | bryan0 wrote:
               | > The police used the altered location of the shot to
               | imply that the defendant's story about what happened
               | wasn't true. Which was that another person in another var
               | at a different location did the shooting.
               | 
               | Ok that would make more sense, but I definitely did not
               | take that away from the article. I'm sure there are
               | better sources on this case though.
        
               | dylan604 wrote:
               | >I'm sure there are better sources on this case though.
               | 
               | Yet another example of why you cannot get your
               | information from one source. Even if they are not trying
               | to mislead, the one author might not have all of the
               | information to provide in thier writings.
        
       | the-dude wrote:
       | This is about ShotSpotter.
       | 
       | https://hn.algolia.com/?q=ShotSpotter
        
       | Vaslo wrote:
       | We have this system in our city. Can't speak to the accuracy and
       | whether or not it should be admitted evidence. It has in some
       | cases revealed the approximate locations of victims who have been
       | shot where they potentially could have died without the AI heads
       | up as to where they were.
        
       | aaron695 wrote:
       | Do we get the AI doesn't detect location? This is just high
       | school maths, pretty obvious I guess.
       | 
       | The "AI" is just used to see if it's a gunshot for early
       | detection. Obviously anyone can listen in later to the many
       | recording (min 3) to see what they think about the noise.
       | 
       | So the gun shot was in a car, so the _mathematics_ fails. This is
       | why it was withdrawn.
       | 
       | So if you were blaming AI it's important you blame mathematics
       | instead now you are better informed. Because the only thing I
       | hate more than the fake AI industry is people with an
       | inconsistent stance.
        
       | emodendroket wrote:
       | I'm not a Luddite by any means but it is time to be more honest
       | about the limitations of AI.
        
         | MeinBlutIstBlau wrote:
         | The only time I hear about people who talk about AI are average
         | joes, ignorant journalists, generic business analysts, and
         | upper management that don't know anything about programming. I
         | wish I could point to these people and say "look at video game
         | AI, we can't even make those without it cheating or following a
         | routine to simulate human playstyles. What makes you think we
         | can do that in real life without doing the same?"
        
           | emodendroket wrote:
           | Video games are a bad example because it's pretty feasible to
           | make an AI that would win every time.
        
       | JackFr wrote:
       | "It's said that in May last year, Williams was driving through
       | Chicago one night hoping to buy some cigarettes."
       | 
       | Ah yes, I remember hearing that a lot growing up.
       | 
       | Editors, do your job!
        
         | jwilk wrote:
         | What do you mean?
        
           | aaaaaaaaaaab wrote:
           | Weasel words: "it's said"
        
           | meowster wrote:
           | I think OP meant that "driving through Chicago" was pretty
           | large/vague area for someone just trying to buy cigarettes.
           | 
           | It's like saying I was driving through the United States to
           | go to my local corner store.
           | 
           | I wouldn't have thought about the poor writing if OP didn't
           | mention it, but it is still a bit pedantic in my opinion.
        
             | omnicognate wrote:
             | More likely "it's said" - a claim that some unspecified
             | people said something, expressed using a phrase people
             | often interpret to mean "it is generally believed that..."
             | or "there is a saying that goes...". GP sarcastically said
             | sure "it's said" that x occurred, I heard it all the time
             | as I was growing up.
             | 
             | It's not good journalism. If someone said something, say
             | who said it. If it's an anonymous source say so. "It's
             | said..." in an article like this means "I vaguely think
             | this has been said somewhere but I can't be bothered to
             | check or quote my sources".
        
             | meowster wrote:
             | Thank you everyone (including OP) who clarified that it was
             | "it's said".
        
           | LeonB wrote:
           | "It's said" -- by whom?
        
           | JackFr wrote:
           | The sentence I quoted makes no sense in a news article.
           | 
           | - The use of the passive "It's said" has no business in a
           | news item. Who said it?
           | 
           | - Idiomatically "It's said" is typically used to identify a
           | bit of folk wisdom, not a particular incident.
           | 
           | It's terrible writing and it should appall a decent editor.
           | This isn't a blog post or a comment, it's an item in an
           | English language professional online publication. Do better.
        
       | tomxor wrote:
       | > "I kept trying to figure out, how can they get away with using
       | the technology like that against me,"
       | 
       | I have a bad feeling this will be a theme over the next decade as
       | government and law enforcement around the world starts to
       | integrate "AI" (or rather call it what it is: statistical models
       | + mass surveilence), without enough scepticism built into their
       | process. Some of us know better, but it looks like society and
       | government will still have to learn the hard way that these tools
       | are not a highlight pen, they are a very crude spray can, and
       | even then they will miss spots.
        
       | [deleted]
        
       | backtoyoujim wrote:
       | >"The problem? When we made it possible for anyone to generate
       | art with artificial intelligence, barely anyone used it to make
       | actual art. Instead, our AI model was forced to make videos for
       | random inputs, trolling queries, and NSFW intents."
       | 
       | I am struggling with the use of the word "forced"; the
       | researchers put their software out there to be used by anyone
       | with an internet connection. The researchers created that
       | dynamic.
       | 
       | And how are they not seeing that AI created no-humans-used-to-
       | make-this-porn could be a net good.
        
       | PragmaticPulp wrote:
       | The article says that employees of the AI company (ShotSpotter)
       | manually reviewed and classified the sounds as gunshots:
       | 
       | > records showed that ShotSpotter actually initially picked up
       | what sounded like a firework a mile away, and this was later
       | reclassified by ShotSpotter staff to be a gunshot at the
       | intersection where and when Williams was seen on camera.
       | 
       | So the AI didn't even make the call. The staff did, manually. I
       | assume that means the actual audio is available and entered into
       | evidence?
       | 
       | If humans are making the call then blaming AI seems like a
       | stretch. That's almost like blaming the motion detection
       | algorithms for triggering video recordings that were later
       | reviewed by humans. It's still humans reviewing the recordings
       | and making decisions.
        
         | coldtea wrote:
         | > _So the AI didn't even make the call. The staff did,
         | manually._
         | 
         | (a) The staff of the company who makes the AI, which would have
         | an incentive to make the AI's original judgement appear
         | accurate?
         | 
         | (b) The staff of a company paid by the state/police, which aims
         | to please its customers?
         | 
         | (c) Was the staff trained/experts in recognizing such sounds,
         | or were they random AI company employees, which just made a
         | judgement call? If so, was this call presented as AI-supported
         | to the trial, and was it sold as anything beyond "some devs, no
         | gun experts, mind you, heard this recording and said this must
         | be a gunshot".
        
           | dylan604 wrote:
           | It could come at the behest of police as in "it would be
           | really helpful to our case if there was ShotSpotter evidence
           | to support our cased". It could come from the fact that
           | ShotSpotter is losing customers, and willing to do anything
           | to make the product "feel" more valuable to the police to
           | ensure cash cows keep producing.
           | 
           | The modern criminal investigation has so much negative
           | baggage attached, from historical shenianigans, that it's
           | easy to find ways to question the prosecution's case.
        
         | mola wrote:
         | It's the AI companies to blame, always. Obviously the algorithm
         | is without blame, it's not a blamelable entity.
        
         | chacham15 wrote:
         | This is missing a key crucial insight: the overall number of
         | evaluated cases increases when AI is helping meaning that
         | borderline cases which may have been ignored prior are now
         | being evaluated. Said another way, with AI handling the obvious
         | cases, the number of borderline cases being evaluated by humans
         | increases. With humans having large amounts of inaccuracy,
         | borderline cases before which may have been ignored due to not
         | having manpower to evaluate are now being evaluated. This can
         | and does lead to many more erroneous accusations despite the
         | fact that all the borderline evaluations are being handled by
         | humans.
         | 
         | Another factor here is that simply evaluating more data is also
         | likely to lead to more erroneous evaluations since random
         | chance has a much larger impact.
        
         | helsinkiandrew wrote:
         | It's scary that prosecutors thought that the ShotSpotter
         | evidence is suitable for a court. It's amazing technology that
         | can help police get to a crime scene quickly but is far too
         | easy to spoof or get the wrong answer due to reflections and
         | other sounds etc.
         | 
         | Hopefully cases like this will eventually stop the system being
         | used in court.
        
           | tyingq wrote:
           | >Hopefully cases like this will eventually stop the system
           | being used in court.
           | 
           | I don't see any incentive here. The only consequence suffered
           | by the prosecution was having to drop that evidence. That's
           | it. Maybe there's a civil case later, but that will be
           | separated by a large time gap, etc.
        
           | SamoyedFurFluff wrote:
           | I mean, drug dogs are still a thing even though we know they
           | tend to respond to owners desires regardless of if there's
           | drugs present.
        
             | yawaworht1978 wrote:
             | Wow i have never heard of that. Curious to see a
             | link/article on the issue, if you can provide.
        
               | DaftDank wrote:
               | This is a decent summary of court cases related to the
               | dogs: https://www.nlrg.com/criminal-law-legal-
               | research/bid/84670/C...
               | 
               | I think this part is pretty key, and has always been a
               | big open question in my mind:
               | 
               | "The court further recognized a potential problem in
               | assessing reliability related to handler cuing, as even
               | well-trained dogs could respond to subconscious cues from
               | their handlers. For this reason, the court determined
               | that a critical factor in determining reliability is the
               | record of false positive alerts made by the dog."
               | 
               | The subconscious cues, or even deliberate cues that only
               | the handler and dog know, could allow an officer with ill
               | intentions to make some kind of signal only known to him
               | and the dog, which causes the dog to make an "alert",
               | giving the cop probable cause.
        
               | leephillips wrote:
               | Some departments deploy dogs that alert on all vehicles
               | when they want an excuse to search. In at least one
               | department, this was referred to as "probable cause on
               | four legs".
               | 
               | If judges continue to allow this quality of evidence, the
               | police will continue to abuse the legal environment that
               | creates.
        
               | giantg2 wrote:
               | Let's face it - most judges are, at least subconsciously,
               | on the same side as the police and prosecutors even
               | though that's not how the system should work.
        
               | pixl97 wrote:
               | You know what you call a judge, a prosecutor, and a cop
               | eating at the same table?
               | 
               | Your average lunch near the courthouse.
        
               | Spooky23 wrote:
               | I don't know about that. Judges have front row seats to
               | the 10,000 ways that cops, prosecutors and defense
               | attorneys screw up every day.
               | 
               | If anything, I think the expense of defense and the poor
               | quality of public defenders probably accounts for bias.
        
               | giantg2 wrote:
               | Magistrates aren't even required to pass the bar. I had
               | one think that I was calling him prejudiced when asking
               | to dismiss with prejudice (and many other examples with
               | other magistrates, but this one is somewhat funny). I had
               | a judge say that you can't use statements made at a prior
               | trial to discredit the same witness at the current trial
               | if their testimony conflicts. He also denied said that a
               | trial de novo is a "complete do-over" yet denied a
               | petition to dismiss because there's no record of the
               | issues being raised before the end of the trial. So is it
               | a complete do-over? The whole reason they do de novo
               | trials for appeals from the magistrate is because the
               | magistrate doesn't have a court reporter. Not to mention
               | one of the complaints was that the magistrate wouldn't
               | even hear the petition, responding with "That's not gonna
               | happen". Makes sense since he was a retired police cheif.
               | The judge also called me a sovereign citizen when I asked
               | to speak, even though I met the definition of a litigant
               | under the state constitution. There were some minor
               | things too. The main point is, he knew rights had been
               | violated in an irrevocable way as part of that case but
               | decided that it didn't matter.
               | 
               | My impression is that if they do recognize it, they don't
               | care. I also think many dont recognize it. After all, are
               | they going to side with a layman citizen or the police
               | and prosecutor? Even with a defense attorney, it often
               | comes down to the police officer's word vs the accused.
               | Who are they going to believe?
        
               | Spooky23 wrote:
               | That's bullshit. Lay magistrates deal with minor issues
               | like traffic infractions, violations and minor
               | misdemeanors.
        
               | giantg2 wrote:
               | Misdemeanors can keep people from getting a job. There
               | can be pretrial restrictions, including custody. They
               | also tend to be the ones having preliminary hearings and
               | can issue warrants, even for felonies.
               | 
               | These are not just traffic violations and minor issues.
               | And even if they were, that doesn't mean that people's
               | rights stop mattering, nor is that a valid excuse for
               | gross incompetence.
        
               | dylan604 wrote:
               | >though that's now how the system should work.
               | 
               | I'm assuming that's an unfortunate Freudian slip of a
               | typo.
               | 
               |  _not_ how the system should work, even though it is
               | _now_ how it seems to work.
        
               | CraigJPerry wrote:
               | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3078300/
               | 
               | Backs up the GP claim but I can't find any evidence of
               | this being replicated in another independent experiment.
               | It's at least a little bit strange that no one tried to
               | replicate these rather concerning findings in the past 10
               | years since publication.
        
               | hanniabu wrote:
               | They probably refused new experiments because of this.
               | It's better to have one test with this result that you
               | can refute as a one off result that hasn't been
               | replicated than dealing with multiple tests with the same
               | result.
        
               | c22 wrote:
               | An internet search for _drug dog false alert_ returns
               | numerous results.
        
               | [deleted]
        
               | sennight wrote:
               | If you like that you'll love the Wikipedia entry for
               | polygraphs :)
               | 
               | https://en.wikipedia.org/wiki/Polygraph#Effectiveness
        
           | mbg721 wrote:
           | My personal theory has long been that "technology" is the
           | word people use for things that don't reliably work. It's
           | never clean drinking water from the tap or the seed drill,
           | it's stuff like this or clunky meeting software.
        
           | giantg2 wrote:
           | "Hopefully cases like this will eventually stop the system
           | being used in court."
           | 
           | Maybe it will stop this system from being used in court, but
           | new ones will take its place. It would be great if we could
           | change the structure of the justice system to prevent these
           | types of issues from popping up again. I have no idea what a
           | solution would look like.
        
             | thatguy0900 wrote:
             | If you did that then everyone on here would be ranting
             | about old judges and a luddite system instead
        
               | giantg2 wrote:
               | Those same complaints are still applicable today.
        
           | tmpz22 wrote:
           | > It's amazing technology
           | 
           | Serious question, what part of this technology is amazing?
           | Its just sounds trained against audio labeled as gun shots.
           | How is this any different then detecting faces in images or
           | whatever?
        
           | DaftDank wrote:
           | I started reading "Amazon Unbound" by Brad Stone, and in the
           | part where he discusses the development of Alexa, my laymen
           | self had never considered how difficult it would be to train
           | that thing. I think the term was "far-field" speech
           | recognition, and all the problems that come up when adding in
           | real world variables. People talking from across the room
           | while others are talking, or the TV is going, or as you said,
           | reflections and other materials in the room.
           | 
           | I agree that it is disturbing they tried to use this as
           | evidence.
        
           | smt88 wrote:
           | The only people saying ShotSpotter is amazing technology are
           | ShotSpotter's PR team.
           | 
           | By all other accounts, it doesn't work at all and is losing
           | contracts.
           | 
           | > _"...a study of Chicago police data found that over a
           | nearly 22-month period ending in mid-April, almost 90% of
           | ShotSpotter alerts didn't result in officers reporting
           | evidence of shots fired or of any gun crime. "_[1]
           | 
           | > _" In four years, police have made two arrests while
           | responding to a ShotSpotter activation. Lt. Shawn Takeuchi,
           | an SDPD spokesman, could only confirm that one of those
           | arrests was directly related to the activation, but declined
           | to give more information on both."_[2]
           | 
           | 1. https://apnews.com/article/chicago-police-crime-shootings-
           | be...
           | 
           | 2. https://www.voiceofsandiego.org/topics/public-
           | safety/shotspo...
        
         | emodendroket wrote:
         | If manual reclassification is routine then what does that say
         | about the AI?
        
           | CrazyStat wrote:
           | That it doesn't give the answers the customers (police and
           | prosecutors) want.
           | 
           | Which is mostly unrelated to whether or not it's accurate.
        
             | emodendroket wrote:
             | I think it's related. If it is good enough to put someone
             | in jail there shouldn't be any kind of need for manual
             | overrides at all.
        
               | CrazyStat wrote:
               | "Good" in what sense? Police and prosecutors don't
               | necessarily care about their evidence being good in the
               | sense of accurate. It just needs to convince a jury.
               | 
               | There is a very, very, very long history of police and
               | prosecutors using bad (in the sense of accuracy) evidence
               | to put people in jail.
        
               | emodendroket wrote:
               | I'm making a normative claim. Obviously it does not
               | describe reality.
        
         | nerdponx wrote:
         | > Crucially, Williams' lawyers - public defenders Lisa Boughton
         | and Brendan Max - said records showed that ShotSpotter actually
         | initially picked up what sounded like a firework a mile away,
         | and this was later reclassified by ShotSpotter staff to be a
         | gunshot at the intersection where and when Williams was seen on
         | camera. ShotSpotter strongly insisted it had not improperly
         | altered any data to favor the police's case, and said that
         | regardless of the initial real-time alert, its evidence of the
         | gunshot was the result of follow-up forensic analysis, which
         | was submitted to the courts.
         | 
         | "Strongly insisted" links to:
         | https://www.theregister.com/2021/08/02/nvidia_cuda_openai/
         | 
         | > One of the pieces of evidence against Williams claims
         | ShotSpotter's sensors in Chicago identified gunfire where
         | surveillance cameras had seen Williams stop his car by a south-
         | side Chicago block, right when and where the cops said Herring
         | was shot.
         | 
         | > However, Williams' lawyer submitted paperwork [PDF] claiming
         | ShotSpotter actually detected a firework a mile away from that
         | location, and that ShotSpotter later reclassified the bang as a
         | gunshot and the location as being where Williams was seen on
         | camera, Vice first reported.
         | 
         | > Williams' lawyer demanded the court hold an inquiry into the
         | ShotSpotter evidence, and the prosecutors simply withdrew it.
         | 
         | > ShotSpotter responded by denying at length it improperly
         | altered any data or evidence, and hit back at any suggestion it
         | had done so to help the police make a case. It said its
         | software generates real-time alerts automatically, and staff
         | later analyze the microphone readings to submit forensic
         | reports for the courts, and these final reports can therefore
         | differ from the initial alerts.
         | 
         | > "The idea that ShotSpotter 'alters' or 'fabricates' evidence
         | in any way is an outrageous lie and would be a criminal
         | offense," it said in a statement. "We follow the facts and data
         | for our forensic analysis. Period."
         | 
         | > Update: The case against Williams was dismissed by the judge
         | at the request of the prosecution, which admitted it now had
         | insufficient evidence. Williams had spent the best part of a
         | year in jail awaiting trial.
        
           | merrywhether wrote:
           | Wow, we need a civil rights lawyer to represent Williams in a
           | wrongful imprisonment suit against the city, if not also a
           | civil suit against ShotSpotter (or maybe even a criminal
           | complaint for knowingly providing false testimony?). People
           | shouldn't be able to just dust their hands of this.
        
             | giantg2 wrote:
             | "People shouldn't be able to just dust their hands of
             | this."
             | 
             | Yet the system will let them. I've had a prosecutor and
             | trooper hold a charge that they know was incorrect and
             | subject us to pre trial restrictions found only under that
             | charge. The prosecutor also used their position to block
             | our ability to have a witness remotely testify by telling
             | court scheduling not to even speak to us (inappropriately
             | using their position to influence the court). The state
             | police said they see nothing wrong with knowingly holding
             | an incorrect charge and subjecting people to pretrial under
             | it. The Bar said that even though the conduct we described
             | would constitute prosecutorial misconduct, they won't
             | pursue complaints against prosecutors unless the court
             | makes a determination supporting that. That would cost
             | thousands of dollars to hire a lawyer, make an appeal, etc.
             | The ACLU said they have bigger issues to deal with. I
             | submitted a complaint to DOJ, but I'm not holding my
             | breath.
             | 
             | Literally everyone we dealt with as a part of the system
             | made a bunch of mistakes and didn't give damn about
             | correcting them or protecting people's rights. It's us vs
             | them and all about the money.
        
         | jtbayly wrote:
         | It may not be right to blame AI, but it's certainly the case
         | that they were presenting it as "the system says there was a
         | shot fired here." The bigger point is that the "system" can't
         | be trusted. And the fact that they need to manually classify
         | things is proof of that fact. (It's way more complicated than
         | just an audio recording. It's recordings from numerous
         | locations, attempting to triangulate the original location,
         | without being confused by echoes and other things.)
        
           | PragmaticPulp wrote:
           | > It may not be right to blame AI, but it's certainly the
           | case that they were presenting it as "the system says there
           | was a shot fired here."
           | 
           | I think a crucial distinction is to clarify who "they" is:
           | Who was making the claim? From the article, it seems that the
           | prosecutors may have been the ones exaggerating the evidence:
           | 
           | > Prosecutors said ShotSpotter picked up a gunshot sound
           | where Williams was seen on surveillance camera footage in his
           | car, putting it all forward as proof that Williams shot
           | Herring right there and then.
           | 
           | Naturally the defense wanted to see the actual evidence, so
           | that's what they got down to.
           | 
           | I know everyone wants to vilify AI, but I think the actual
           | bad actor in this article might be the prosecutor trying to
           | misrepresent the evidence.
        
             | jtbayly wrote:
             | Sure. But the point is that they misrepresent the evidence
             | by pointing to the system as trustworthy. Even without
             | tampering with the evidence the system isn't trustworthy
             | beyond a reasonable shadow of a doubt.
        
             | Aerroon wrote:
             | > _I think a crucial distinction is to clarify who "they"
             | is: Who was making the claim? From the article, it seems
             | that the prosecutors may have been the ones exaggerating
             | the evidence:_
             | 
             | The prosecutors are the "they". The further removed you get
             | from people who know the 'AI' the more the validity of the
             | evidence provided by the AI relies merely on what others
             | have said.
             | 
             | The people working on the system know that it can be
             | faulty. Other software developers have an idea that it
             | could be faulty. Prosecutors are told that it's alright.
             | They turn around and argue it in a court of law. And the
             | further you get the less people have any idea that the
             | system is faulty. Down the line people will go "the machine
             | says so, therefore it must be so".
        
               | ClumsyPilot wrote:
               | >Down the line people will go "the machine says so,
               | therefore it must be so".
               | 
               | Thats the real feature of AI, devision laundering: a
               | flawed decision made by someone for their own gain now
               | appears impartial and trustworthy, and come wothout
               | accountability
        
         | kbenson wrote:
         | There was a submission here a few weeks back about ShitSpotter
         | and how they seem willing to put in overrides at request of the
         | police without necessarily having a basis for it.
         | 
         | If that's what happened in this circumstances it would be,
         | police check ShoySpotter for more evidence, ShotSpotter hasn't
         | automatically marked anything, police request manual review for
         | gunshot they are sure must be there, ShotSpotter manual review
         | process comes up with something and marks it as a shot with a
         | human override.
         | 
         | There's a lot of places bias, or outright corruption, could
         | cause problems in that process, if it's what happened here.
        
         | stefan_ wrote:
         | That's the point? These systems invariably turn out to not be
         | any sort of AI at all, but sales people ready to make a call
         | any way their customer (police) wants it made.
         | 
         | Later it's presented as AI to a jury. It's basically the same
         | scam as lots of forensics, junk science to get a desired
         | result.
        
           | Gibbon1 wrote:
           | What freaks me out about forensics is no one at all is doing
           | any validation testing. And they aren't doing blind testing
           | either.
        
           | jdjd6 wrote:
           | It really boggles my mind how desperate people are to try and
           | include and blame the police for everything.
           | 
           | >sales people ready to make a call any way their customer
           | (police) wants it made.
           | 
           | You really believe people signed up for a dangerous amd
           | thankless job with high liability and low pay so they can
           | feverishly conspire to have this guy arrested?
           | 
           | Edit: This place is becoming reddit. Someone posting links
           | which dont substantiate their statements gets upvoted,
           | meanwhile my replies questioning this get hit by a downvote
           | brigade.
        
             | d4mi3n wrote:
             | I think you're conflating issues with the institution of
             | policing within the United States with the behavior of
             | individual police officers. Without getting into the
             | politics or philosophy of the comportment or purpose of a
             | police force, there are some things in situations like this
             | that are fact:
             | 
             | 1. Police officers (and more importantly, prosecutors) are
             | incentivized to make arrests and have those arrests stick.
             | 
             | 2. It's a well understood psychological phenomenon that
             | individuals are much more lenient of their own actions.
             | They call this attribution theory in psychology [1].
             | 
             | 3. While policing is a risky job, it comes with privileged
             | treatment, powers, and trust that a common citizen does not
             | have. As such, and as public servants, we hold those with
             | these powers to a higher degree of responsibility and
             | behavior than those without such powers. To hold police
             | accountable, we need a minimum level of oversight and
             | control. Historically, this has either not happened or been
             | circumvented by way of police unions establishing ill-
             | advised contracts with the local governments they work
             | with. [2]
             | 
             | I'll agree on points that individual police officers aren't
             | evil, but I'd need a lot of convincing to believe that many
             | policing organizations within the United States are not
             | being held accountable to an acceptable level; nor are they
             | being trained in ways that encourage appropriate
             | interactions with the public they serve.
             | 
             | [1]: https://en.wikipedia.org/wiki/Attribution_(psychology)
             | 
             | [2]: https://chicagounbound.uchicago.edu/cgi/viewcontent.cg
             | i?arti...
        
               | jdjd6 wrote:
               | 1. What are those incentives you mention?
               | 
               | 2. That applies to everyone, not just police.
               | 
               | 3. This is a fallacy due to media portrayal. If you are
               | late to your job what happens? Probably nothing or you
               | get asked not to do it again. The same mistakes you make,
               | police officer will get investigated by internal affairs
               | and punished over.
        
               | FireBeyond wrote:
               | This is equally a fallacy - "if you are late to your job"
               | "will get investigated by internal affairs". No, they
               | won't. But they will be protected by one of the strongest
               | unions in the country, if not the strongest.
               | 
               | Policing is also a lot less risky a job than is commonly
               | perceived.
        
               | [deleted]
        
             | aeturnum wrote:
             | Just fyi - Police are generally quite well paid for the
             | area they live in. For example, in Alameda (the county I
             | live in) it's common for police to make over $450,000 a
             | year[1].
             | 
             | Also, while police to have a more-dangerous-than-average
             | job[2] (and face unique risks - they are probably the most
             | likely profession to die of a gunshot on the job), there
             | are much more dangerous jobs[3].
             | 
             | So if you have been excusing police because you think they
             | are accepting poverty for danger, I'd ask you to consider
             | that Police are more like extremely well paid garbage
             | collectors[4].
             | 
             | [1]
             | https://transparentcalifornia.com/salaries/2019/alameda-
             | coun...
             | 
             | [2] https://www.bls.gov/iif/oshwc/cfoi/police-2018.htm
             | 
             | [3] https://www.cdc.gov/niosh/topics/logging/default.html
             | 
             | [4] https://qz.com/410585/garbage-collectors-are-more-
             | likely-to-...
        
               | phsau wrote:
               | Where in source [1] does it show that it's common for
               | police to make over $450k a year?
               | 
               | The 'Avg Total pay & benefits' sorted by title has Chief
               | Information Officer/Registrar of Voters as the entry into
               | that level of remuneration. Police specific above that
               | you only have the Sherrif, which is an elected official.
               | 
               | Police pay for the vast majority of roles is
               | significantly below $450k.
        
               | aeturnum wrote:
               | That's a good critique! Looking at historical data it
               | seems like "commonly above $300,000" would be more
               | accurate. It's worth saying that listed police salaries
               | are far below these numbers and the officers get there
               | through overtime and other extra payments. Thus the use
               | of 'common' instead of average because you have to look
               | back at what people were actually paid.
               | 
               | Edit: I can no longer edit my original post so this will
               | have to do.
               | 
               | https://transparentcalifornia.com/salaries/search/?a=alam
               | eda...
        
               | jdjd6 wrote:
               | How are supervisors and elected officials making 300k
               | (after all benefits considered) in an area with a high
               | cost of living equal to "police commonly make above
               | 300k"?
               | 
               | Second, it would be absurd to account for extra income to
               | say they make what you're saying. That's like saying a
               | cashier at walmart works three jobs to make an average of
               | 70k a year, so cashiers at walmart commonly make 70k a
               | year.
        
               | aeturnum wrote:
               | > _it would be absurd to account for extra income to say
               | they make what you 're saying._
               | 
               | It's not what I say they make, it's what the public
               | records say they make. You can go look yourself.
               | 
               | For example, from my first link, Sergeant Stuart Eugene
               | Barnes made $125,380.76 in salary and $172,330.17 in
               | overtime. I think it fair to say that's compensation from
               | their job as a police officer.
        
               | DaftDank wrote:
               | I can't remember which department, but I remember the
               | local SF/Bay news many years ago talking about some
               | supervisor at that department somehow making $1.5 million
               | the year before (or something insane like that.) They
               | explained how it was all possible, which to me seemed
               | like he had just been with them for so long, he knew
               | exactly the optimal way to play the system and exploit
               | all the loopholes in it.
               | 
               | As for your second part, I guess it _would_ seem unlikely
               | for some positions, but I know a doctor who made like 3x
               | his base salary each year through all sorts of absolutely
               | legal, ethical, and hospital-sanctioned means. Taking
               | every single weekend he could on call (even offering to
               | "relieve" other doctors who had been assigned that
               | weekend) for example allowed him to make much more than
               | you would ever think possible.
        
               | duskwuff wrote:
               | > Second, it would be absurd to account for extra income
               | to say they make what you're saying.
               | 
               | Except it's extra income that they make _by being a
               | police officer_. A business that hires an off-duty police
               | officer for security isn 't hiring them because they're a
               | big burly-looking dude; they're being hired because they
               | are a police officer. An off-duty officer will typically
               | wear their police uniform while working "off duty", and
               | can take actions which an ordinary civilian could not
               | (like conducting arrests).
        
               | sharken wrote:
               | With $450,000 as yearly pay i should give up being a
               | software developer. Alameda even has a violent crime rate
               | of half the US average.
               | 
               | https://www.city-data.com/crime/crime-Alameda-
               | California.htm...
               | 
               | I do wonder if the pay negatively affects the
               | confrontations that the individual officer will risk,
               | e.g. let a suspect escape due to not having good enough
               | backup.
        
               | P_I_Staker wrote:
               | That's because he's probably lying/exaggerating. I highly
               | doubt your average officer makes anywhere near that. I
               | don't make over 200k as an experienced developer, either.
               | 
               | People are terrible with nuance. OP did a good job at
               | contextualizing danger of policing, without claiming it's
               | "safe", as you'd see on reddit, but I'm guessing
               | something is getting lost here.
               | 
               | I'm very sceptical someone is in the multiple sixes of
               | figures without serious responsibility and credentials.
               | In my area officers make similar (lower) pay than tech
               | jobs, and every area I've seen is similar. So people on
               | reddit will be complaining about officers making 80k-100k
               | out west, when in reality that's just marginally better
               | than bartenders.
               | 
               | So yeah, they're making like 60k-100k, or more out west.
               | Here in the midwest it's more like 40k-80k. This compares
               | to developer jobs I've seen, but it's not apples to
               | apples. Cops end up years behind in pay, but end up with
               | better benefits. So they'll be at 70k 3-10 years in,
               | instead of 0-5 in.
               | 
               | In either case there's other tiers and roles, was
               | assuming grunts. There might be other cases where "super
               | grunt" jobs exist, and get paid very well. Just like with
               | engineers it seems like the way to advance is increased
               | specialization and moving to management.
               | 
               | You can spin your wheels at low level engineering jobs
               | for decades if you want, too. Usually, people also have
               | to move towards leadership roles to advance in
               | engineering...
               | 
               | So I digress, but I guess it's fair to say police officer
               | is of similar value as engineer in terms of job perks...
               | but engineer is considered a good job.
        
               | jdjd6 wrote:
               | I looked at your link and I dont see any police making
               | over 450K a year. In fact, I dont see any making over
               | 100k a year except supervisors and elected officials.
        
           | robocat wrote:
           | Police are telling ShotSpotter to alter evidence from
           | gunshot-detecting AI
           | 
           | https://www.vice.com/en/article/qj8xbq/police-are-telling-
           | sh...
           | 
           | https://news.ycombinator.com/item?id=27959755
        
           | giantg2 wrote:
           | I generally agree, but wouldn't necessarily say a lot of
           | forensics is junk science. The science is generally sound
           | (procedures and theory). Usually it's the prosecutors that
           | present the forensics in a way that misrepresents what the
           | results actually mean. Or lab techs make mistakes or perform
           | misconduct (How to Fix a Drug Scandal on Netflix is
           | interesting).
        
             | alisonkisk wrote:
             | Citation strongly needed on forensics bring generally
             | sound.
        
             | shkkmo wrote:
             | Not all forensics disciplins are created equal and some of
             | them, such as hair forensics, are definitely junk science.
        
               | giantg2 wrote:
               | How is hair analysis junk science? Maybe you just mean
               | that people misuse the facts to come to incorrect
               | conclusions?
               | 
               | It's only supposed to be used to include or exclude
               | someone, and based on the numbers/probabilities it's
               | generally only useful for excluding someone. Of course
               | that's not how most prosecutors use it...
        
             | emodendroket wrote:
             | No, the procedures and theory behind, e.g., bite mark
             | analysis or fire analysis, are total junk.
        
               | giantg2 wrote:
               | Do you have some links for this? My understanding is the
               | interpretation part can be BS, but stuff like finding and
               | identifying _potential_ ignition or accelerant locations
               | and types should be more settled.
        
               | emodendroket wrote:
               | https://theintercept.com/2019/05/05/forensic-evidence-
               | aafs-j...
               | 
               | https://www.rollingstone.com/politics/politics-
               | features/jeff...
        
               | giantg2 wrote:
               | That doesn't exactly support your claims for most of
               | forensics. If you read/skim the NAS report these articles
               | are based on, you will see that much of the issue is not
               | with the underlying science, but rather in the
               | "interpretation" part. Yes, the odontology seems to be
               | unsupported. But even the fire analysis that you list as
               | an example is said to have a scientific basis like
               | chemistry, but that the interpretation part has issues.
        
               | shkkmo wrote:
               | If you are using forensics in a trial, the validity of
               | the "interpretation" part is key to it's use. The
               | reliability of these interpretations has been
               | historically hugely overstated.
               | 
               | Given this history it is absolutely reasonable to reject
               | most forensic evidence unless there actual good science
               | supporting the reliability of expert interpretations.
        
               | tooltower wrote:
               | While my stance on forensics is not as negative as the
               | parent comment, I don't see how you are drawing such a
               | sharp distinction between the "science" and the
               | "interpretation". They are not separate things.
               | 
               | When a scientist proposes a new test, they include
               | measurement techniques as well as a method of
               | interpretation. If a medical test is used in a way that
               | is frequently prone to misinterpretation, it would be
               | fair to call that entire test useless.
        
               | hervature wrote:
               | I disagree. The canonical example here are p-values.
               | Completely valid and accepted interpretation which will
               | forever be abused. In the medical realm, we see the same
               | things with false-positive and false-negative rates
               | causing massive confusion. An even more recent example is
               | COVID vaccine efficacy. I would take the bet that 90% of
               | the general population could not give the accurate
               | definition of what the definition of efficacy is.
        
               | hellbannedguy wrote:
               | Just curious about the downvotes.
               | 
               | 1. Was it he said statistics lie sometimes?
               | 
               | 2. Or, questioned 90% efficacy of some Covid vaccines?
        
               | giantg2 wrote:
               | "If a medical test is used in a way that is frequently
               | prone to misinterpretation, it would be fair to call that
               | entire test useless."
               | 
               | And yet there are many examples of this with malpractice,
               | unnecessary deaths, etc. Lyme tests are notorious for
               | false negatives depending on the lab you use. It's also a
               | widely held belief that you want tests done in the middle
               | of the week instead of on a Friday or weekend because
               | some techs just want to get out of there and are more
               | prone to mistakes.
               | 
               | The reason I'm drawing a hard line is because of fact vs
               | opinion. This same line gets drawn in court. They will
               | ask experts if it's a fact or an opinion that they
               | testified about (usually to attack a witness). Autopsies
               | are full of facts, and then there are opinions on what
               | those facts mean. If it's an opinion, it's possible to
               | counter it with another professional opinion.
               | 
               | The only sort of opinion they _should_ be sharing is
               | included, excluded, or undetermined. Hair is not a
               | "match", but it could include or exclude someone and
               | _maybe_ mathematical probabilities.
        
               | emodendroket wrote:
               | It may very well be the case that a version of fire
               | analysis that is scientifically rigorous can be done, but
               | this would have nothing to do with how it is typically
               | practiced.
        
               | colejohnson66 wrote:
               | Which is what @giantg2 said:
               | 
               | > The science is generally sound (procedures and theory).
               | Usually it's the prosecutors that present the forensics
               | in a way that misrepresents what the results actually
               | mean.
               | 
               | https://news.ycombinator.com/item?id=28265884
        
               | emodendroket wrote:
               | That's not the same claim. The practitioners who come up
               | with the results are not operating in a scientifically
               | sound or rigorous way. One documentary I watched about a
               | wrongful murder conviction (a man was found to have
               | burned down his house to kill his entire family) had a
               | discussion of how the fire investigators would talk about
               | "feeling the beast" and other nonsense. It is very
               | flattering to describe this as in any way "evidence-
               | based."
        
             | wyager wrote:
             | Fingerprinting is junk science. Polygraphs are junk
             | science. Tons of things that have been or are admissible as
             | evidence are junk science.
        
               | tzs wrote:
               | > Fingerprinting is junk science.
               | 
               | How then do you explain the success of Touch ID on Apple
               | devices and the equivalent systems on other phones and
               | tablets?
               | 
               | Random people can't just walk up and unlock a Touch ID
               | device with their fingerprint, which suggests that
               | fingerprints are in fact a very good way to tell people
               | apart.
               | 
               | Yes, it is possible to make a fake fingerprint that Touch
               | ID will not be able to distinguish from my fingerprint.
               | But that fake fingerprint will only unlock my device, not
               | your device, so it is still correctly distinguishing our
               | fingerprints.
        
               | SkeuomorphicBee wrote:
               | > How then do you explain the success of Touch ID on
               | Apple devices and the equivalent systems on other phones
               | and tablets?
               | 
               | Because on those devices the fingerprint is only used as
               | a second factor (the first factor being physical
               | possession of a particular device).
               | 
               | If Apple used fingerprints like law enforcement do, that
               | is running a fingerprint against the big DB of all
               | prints, then they would certainly get some arbitrary
               | matches.
        
               | bagels wrote:
               | How many people have you let try the unlock your device
               | with their fingerprint? Tens or hundreds of Millions?
               | That'd be a closer comparison for how a search of
               | fingerprint database work.
        
               | tzs wrote:
               | Searching a big DB is one way to use fingerprints. It is
               | a crappy way, though.
               | 
               | Another way fingerprints are used is to compare
               | fingerprints found at a crime scene to people who have
               | been identified using other methods that have nothing to
               | do with fingerprints.
               | 
               | E.g., if you have someone murdered in his office when
               | working late at night, and security cameras show that
               | five other people were in the building at the time of the
               | murder, and you are able to get a good set of
               | fingerprints off the murder weapon you don't need a
               | database. You take the fingerprints from all five of
               | those other people, and if one is a very good match and
               | four do not match, you concentrate most of your effort on
               | the one that matched.
               | 
               | It's actually quite similar to how DNA evidence has been
               | used and misused. I don't know how they compare DNA
               | nowadays, but when DNA evidence was first making waves
               | getting people convicted they only compared two DNA
               | samples at a few points. For a given sample there would
               | likely be several people in the country that matched.
               | 
               | That's fine if used right, like fingerprints in the
               | earlier murder hypothetical. Narrow it down to only 5
               | people who could have committed the crime, get a DNA
               | sample from the crime scene that must be from the
               | criminal, and if that matches exactly one of those 5
               | suspects it is strong evidence they are the criminal.
               | 
               | Have no suspects yet, run that same sample through a
               | database, get exactly one match, and conclude that must
               | be the criminal. Totally bogus. A lot of people were
               | convicted in the early days of DNA matching that way.
               | 
               | The database method can be made sound, but only if the
               | database includes _everybody_. Match against a database
               | that includes everyone, only get one hit, and you 've
               | probably got your criminal. But if the database includes
               | everyone you are likely to get several matches.
               | 
               | As I said, that was how it used to be. I know DNA
               | sequencing has gotten faster and cheaper over the years,
               | but I have no idea if routine forensic DNA matching now
               | matches enough to make matches unique except in the case
               | of identical siblings.
        
               | rjzzleep wrote:
               | Ok, but supposing what you say is true, they are junk
               | science when it comes to forensics. There is research on
               | capturing the full 3D structure of fingerprints to
               | actually capture the uniqueness of a fingerprint[0]. But
               | even if the 2D scan is enough not every scanner is
               | capable of collecting that structure.
               | 
               | Given how much R&D goes into making better fingerprint
               | scanners, it seems odd to then claim that a fingerprint
               | taken off of a victim has anything near that level of
               | detail. I guess its sound to say that it may be used as a
               | piece of evidence to further narrow down the target, but
               | its completely disingenuous to claim that it's sound
               | evidence.
               | 
               | [0]: https://ieeexplore.ieee.org/document/9160923
        
               | klyrs wrote:
               | Sorry, but the security required for your Apple devices
               | is less exacting than the demands of justice.
               | 
               | late edit: how often do people try to unlock your
               | unattended apple device?
        
               | BoorishBears wrote:
               | Because other surfaces are not a purpose built sensor
               | designed to detect the features of a finger then
               | repeatedly trained with a specific set of finger scans?
               | 
               | Like are you joking?
               | 
               | Saying TouchID validates fingerprinting is like saying
               | MRI machines validate psychics.
        
               | giantg2 wrote:
               | Are you joking?
               | 
               | It seems you two have a different idea of what is being
               | discussed. The underlying fundamentals of finger prints
               | are solid. The part that _can_ make them ineffective is
               | when they are using insufficiently tested tools or
               | matching on too few points. And of course
               | misrepresentating what a match actually means and how it
               | pertains to the case.
        
               | z3ncyberpunk wrote:
               | I can effectively burn off my fingerprints completely...
               | They are not completely effective at all
        
               | giantg2 wrote:
               | I wouldn't call polygraphs forensics. Most states do not
               | allow them as evidence.
               | 
               | Do you have a link for the fingerprinting claim?
        
               | monetus wrote:
               | (Not who you responded to)
               | 
               | https://www.crammlawfirm.com/fingerprint-match-jails-
               | innocen...
               | 
               | This isn't the case I originally recalled, and doesn't
               | say how many points were matched, but I remember a 5
               | point match being used to convict a person who was later
               | proven innocent.
        
               | arp242 wrote:
               | Fingerprints aren't "junk science", but they do have
               | error margins and plenty of room for mistakes. The
               | problem is that many juries, judges, prosecutors, and
               | even defenders forget about this.
               | 
               | This is the case for many types of evidence; witness
               | statements for example can also be notoriously
               | unreliable. It's not _bad_ to use this kind of evidence,
               | but you do have a problem if you consider any witness
               | statement to be absolute truth and never consider any
               | "reasonable doubt" there may be, and this is how you end
               | up convicting people based purely on "I saw the suspect
               | commit the crime from 50 metres away in the dark and I'm
               | sure it was him!" or some such.
               | 
               | If you have six independent witness statements like that,
               | or a witness statement _and_ fingerprints then the
               | reasonable doubt starts becoming a lot less reasonable.
               | 
               | This is also the problem with the case in this article: a
               | piece of evidence over which it seems like reasonable
               | doubt should exists is the singular piece of evidence
               | tying this person to the crime. The problem here isn't
               | the evidence as such IMHO, but that juries and/or
               | defenders (depends on the case) seem exceedingly bad at
               | sceptically examining physical evidence.
        
               | dragonwriter wrote:
               | > Fingerprints aren't "junk science"
               | 
               | Fingerprints are directly-recorded facts. What may be
               | junk science is what expert witnesses present about the
               | interpretation of fingerprints.
               | 
               | > The problem is that many juries, judges, prosecutors,
               | and even defenders forget about this.
               | 
               | Juries as triers of fact, and judges insofar as they are
               | ruling on the facts of the case, aren't, in any case,
               | supposed to allow themselves fo be guided by extrinsic
               | knowledge, they are supposed to act based on facts (both
               | direct and the expert knowledge relating to the import of
               | direct facts) provided as evidence, both testimony and
               | exhibits, in the case.
        
               | arp242 wrote:
               | > Fingerprints are directly-recorded facts.
               | 
               | That's not really how it works; false positives exist,
               | especially if you consider that a lot of times you have
               | incomplete or smudged fingerprints and there is actually
               | some amount of subjectivity involved in determining a
               | match. See e.g. [1]: "only two properly designed studies
               | of latent fingerprint analysis had been conducted. These
               | both found the rate of false matches (known as "false
               | positives") to be very high: 1 in 18 and 1 in 30."
               | 
               | Again: useful evidence for sure, but considering them
               | undisputable facts is not wise.
               | 
               | [1]: https://theconversation.com/fingerprinting-to-solve-
               | crimes-n...
        
               | dragonwriter wrote:
               | > That's not really how it works
               | 
               | Yes, it is.
               | 
               | > false positives exist
               | 
               | Matches (positive or negative) are not the same thing as
               | fingerprints. Fingerprints are directly recorded facts.
               | _Matches_ are matters of interpretation (the fact of a
               | match reported by a particular system is a distinct
               | direct fact from the fingerprint itself, but again the
               | significance is...what expert testimony exists to
               | establish or challenge.)
        
               | arp242 wrote:
               | The reality is that when "fingerprint evidence" is
               | brought to court that it's not foolproof and has a
               | sizeable margin of error that should be accounted for
               | when considering the verdict, something that is currently
               | often ignored. You can argue semantics all day, but
               | that's the way things work right now. This seems like an
               | exceedingly pedantic point to make.
        
               | dragonwriter wrote:
               | > The reality is that when "fingerprint evidence" is
               | brought to court that it's not foolproof
               | 
               | No evidence is foolproof. My entire point is that the
               | issue isn't with "fingerprints" or the knowledge that
               | juries and judges bring extrinsically (which was the
               | explicit claim made upthread), but with the expert
               | testimony that contextualizes fingerprints.
               | 
               | (This was even more clearly the problem with fiber
               | evidence when the FBI crime lab was presenting pure bunk
               | expert testimony in virtually every case.)
        
               | shkkmo wrote:
               | The "fact" of a fingerprint is useless without matching.
               | Forensics is the process of interpresting and finding
               | matches for facts.
               | 
               | You pedantism is wholey off base here.
        
               | newswasboring wrote:
               | That shows its flawed, not junk.
        
               | giantg2 wrote:
               | Oh, yeah. I've heard of them using too few points. I
               | would have lumped that into misconduct or mistakes by the
               | lab tech or prosecution.
        
               | monetus wrote:
               | Yeah, knowing or not, comparing with too few points is
               | misconduct - that should be the fault of someone besides
               | the defense, but that is somewhat tangential - does
               | anyone with more knowledge know where the line is drawn?
               | I imagine there are some outlandish coincedences
               | happening.
        
               | k1t wrote:
               | Not fingerprinting, but related issue for microscopic
               | hair comparisons:
               | 
               |  _The Justice Department and FBI have formally
               | acknowledged that nearly every examiner in an elite FBI
               | forensic unit gave flawed testimony in almost all trials
               | in which they offered evidence against criminal
               | defendants over more than a two-decade period before
               | 2000._
               | 
               |  _Of 28 examiners with the FBI Laboratory's microscopic
               | hair comparison unit, 26 overstated forensic matches in
               | ways that favored prosecutors in more than 95 percent of
               | the 268 trials reviewed so far_
               | 
               | https://www.washingtonpost.com/local/crime/fbi-
               | overstated-fo...
        
           | sdenton4 wrote:
           | Most forensic science is junk.
           | 
           | That said, human in the loop ML can be extremely useful.
           | Surfacing possible positive examples for human review and/or
           | cutting down 'obvious' negatives can multiply the
           | productivity of human reviewers in many contexts.
        
             | theelous3 wrote:
             | > Most forensic science is junk.
             | 
             | I'm ignorant on the topic. Got links?
        
               | sdenton4 wrote:
               | Forensics is full of gee-whiz-cool csi stuff which
               | eventually is shown to be worthless. Polygraphs are a
               | great example; they're still very wisely used in the US,
               | despite piles of evidence showing they're prone to both
               | false positives and false negatives. Sibling comments
               | saying they aren't forensics because they've been
               | discredited are missing the point: these are typical
               | crime tech, and have been lately discredited, but are
               | still in use in the US regardless.
               | 
               | https://en.m.wikipedia.org/wiki/Polygraph
               | 
               | For a more recent example, here's an article on denim
               | analysis...
               | 
               | https://www.nytimes.com/2020/04/08/science/denim-pattern-
               | mat...
               | 
               | The underlying problems seem to be bad incentives (the
               | prosecution is paid+evaluated on its ability to put
               | people in jail) and the court's willingness to accept
               | insufficiently validated tech.
        
               | duskwuff wrote:
               | To add to that list: fire investigation. There have
               | historically been a lot of myths in the field regarding
               | forms of "proof" that a fire was caused by arson, and
               | many of them were historically used to obtain (likely
               | false) convictions.
               | 
               | https://www.abajournal.com/magazine/article/long_held_bel
               | ief...
        
               | ransom1538 wrote:
               | https://innocenceproject.org/what-is-bite-mark-evidence-
               | fore...
        
         | FireBeyond wrote:
         | What almost invariably happens in cases like this or the cell
         | phone surveillance boxes (Stingrays) is that if the underlying
         | technology or behavior is challenged or questioned strongly
         | enough, the evidence introduced by them, if not the case
         | itself, will be withdrawn, in order to try to avoid any
         | negative precedent against the device or technology being set.
        
       | kevin_thibedeau wrote:
       | I get that their system may sometimes need manual classification
       | of signals but how is it possible to change the triangulated
       | location? That is the core part of the technology and doesn't
       | require ML to implement. Seems like it's all just Theranos style
       | vapor.
        
         | c_weighted wrote:
         | Locating on an echo at one more receivers rather than a perhaps
         | quieter more direct path. Putting the wrong impulses together
         | when computing a location. Computing the wrong start time for
         | one or more impulses.
         | 
         | If you want to read up on all the ways this kind of thing can
         | go wrong, the technical term here is "source localization."
        
           | kevin_thibedeau wrote:
           | The military has no problem detecting gunfire direction and
           | estimating range from a single microphone array on a mast.
           | Shotspotter is a distributed network of multiple sensors
           | across a wide area. If they can't make it work after 15+
           | years then they are hopeless.
        
             | c_weighted wrote:
             | Boomerang is colocated with the target. Multipath is less
             | likely to be an issue because there is likely to be line of
             | sight to the source. Selecting the right impulses is easier
             | because the spacing of the microphones provides some tight
             | timing constraints. You're not likely to see
             | inconsistencies in timing the impulses lead to location
             | error because any effects of the environment are likely to
             | be consistent across the pulses. Finally, the location
             | accuracy requirements are far different. ShotSpotter needs
             | to put a dot on a map accurate enough to find shell casings
             | or a victim in a wide geographic area. Boomerang just needs
             | to give a good bearing from the receivers to return fire.
             | The range doesn't have to be all that precise, and the
             | mathematics suggests it isn't.
             | 
             | These are two very different approaches to solve different
             | problems.
        
       | setr wrote:
       | It seems to me jail time without verdict is the real problem in
       | this scenario -- it's not clear to me how that's not "guilty
       | until proven innocent"
        
         | MeinBlutIstBlau wrote:
         | In Germany and Austria you get compensated for your time
         | incarcerated if found innocent. So as to basically "fine" the
         | government for not having speedy trials.
        
         | DubiousPusher wrote:
         | Precisely. This happens to people all the time regardless of
         | the technology involved. Being suspected of a crime should
         | never ruin your life. At most it should pause your life.
         | 
         | House arrest with deferral of your debts and obligations and
         | mandatory reinstatement of your job if you are exhonorated or
         | the charges are removed seems like what you would need at a
         | minimum to live up to "innocent until found guilty".
        
           | qayxc wrote:
           | That's exactly what judges decide to do if certain criteria
           | are met, though.
           | 
           | The person in this case, however, had a criminal history
           | including attempted homicide so the judge decided to opt for
           | detention while awaiting trial instead.
           | 
           | Sounds like perfectly normal procedure to me and happens
           | other countries as well.
        
       | StreamBright wrote:
       | The US has the most troublesome track record of law enforcement
       | abuse of "evidence".
       | 
       | https://innocenceproject.org/what-is-bite-mark-evidence-fore...
       | 
       | https://bostonreview.net/books-ideas/nathan-robinson-forensi...
       | 
       | https://archive.nytimes.com/www.nytimes.com/books/first/k/ke...
        
       | yawaworht1978 wrote:
       | Well that's still a failure on both the software programmed by
       | humans causing a false positive and then doubled down by a wrong
       | human review, based on a false alert. All involved stakeholders
       | have failed.
        
         | nend wrote:
         | How is this a failure by software? The software categorized the
         | sound as a fire work.
        
           | ClumsyPilot wrote:
           | 'The system' is software + people who run it. Their failures
           | are combined. As an external person i dont care which part of
           | the company fucked up, they shoupd carry responsibility
        
           | indymike wrote:
           | > How is this a failure by software?
           | 
           | The outcome - a guy being charged with a crime using bogus
           | evidence is the story. The software may have been right, but
           | the people who operate the software didn't trust it.
           | Regardless, the story is trying to point out we might not be
           | ready to put our faith in AI for criminal prosecutions at
           | this time.
        
             | MichaelGroves wrote:
             | If shotspotter had not existed, I think this man would have
             | still been charged with the murder. It seems beyond dispute
             | that the victim was shot in the car of the accused. The
             | case against him was seemingly lost for two reasons:
             | shotspotter's fuckery, and the police not bothering to
             | collect other evidence in a timely matter. It should not
             | have been hard for the police to determine whether there
             | was a gunshot fired in the car, or whether the passenger
             | was struck by a bullet fired from outside the car. There
             | was really no reason for shotspotter to play a role in this
             | case, it _could_ have been cut and dry but they went and
             | muddled the whole thing up with their janky tech.
        
           | notahacker wrote:
           | Yeah, looks like it's the actual software that's undermined
           | the case against him. A loud bang which coincides - perhaps
           | pretty loosely - with some footage, some supposed audio
           | expert contractor's human employee - possibly knowing other
           | details of the case - thinks it's consistent with a gunshot
           | but the case collapses when records reveal the AI program
           | they ran originally classified the loud bang as a distant
           | firework.
        
         | alias_neo wrote:
         | The software didn't raise a false positive though, by my
         | reading.
         | 
         | It identified it as a firework a mile away! The humans at the
         | software company, REclassified it as a gunshot at Williams'
         | location.
         | 
         | Interesting that there's no mention of the actual gun shot,
         | which appears to have happened some time later?
         | 
         | Not only is this "tool" bullshit, it seems the employees of
         | said org are morally bankrupt enough to falsify evidence in
         | order to put an innocent man in jail.
         | 
         | The whole thing would be utterly unbelievable if it wasn't
         | happening in America.
         | 
         | EDIT: typos
        
       | Borrible wrote:
       | Fake AI?
       | 
       | Who would have thought?
       | 
       | Shocking, shocking I tell you.
       | 
       | https://venturebeat.com/2021/04/05/government-audit-of-ai-wi...
        
       | tyingq wrote:
       | It's interesting to me that there's no working process to
       | introduce/accept new types of science in court. Polygraphs aren't
       | allowed (though the police still find ways to use it to bully
       | people). So, there's _some_ process. But you still see stories
       | about subsets of fiber, hair, arson, fingerprint, dna, etc,
       | science, that shouldn 't have been brought to court.
        
         | jes wrote:
         | The legal system will, over time, also have to accept and adapt
         | to the idea that free will is an illusion. (See "neuro-law" for
         | more information on this.)
        
           | matt123456789 wrote:
           | Unless you are aware of any breakthroughs in fundamental
           | physics or neurology which are being kept from the rest of
           | us, "free will is an illusion" is not a very useful theory
           | when it comes to public policy.
        
           | amanaplanacanal wrote:
           | The idea that the people who run the legal system have the
           | free will to change it is also an illusion.
        
           | oh_sigh wrote:
           | Why would it? Aren't judges and legislators equally lacking
           | in free will too?
        
           | abrichr wrote:
           | Link: https://en.wikipedia.org/wiki/Neurolaw
           | 
           | > The rapid growth of functional magnetic resonance imaging
           | (fMRI) research has led to new insights on neuroanatomical
           | structure and function, which has led to a greater
           | understanding of human behavior and cognition. As a response,
           | there has been an emergence of questions regarding how these
           | findings can be applied to criminology and legal processes.
           | 
           | I hope they have a more solid foundation of evidence than
           | fMRI.
           | 
           | Eg from https://www.fastcompany.com/90520750/duke-university-
           | researc... :
           | 
           | > The researchers reexamined 56 peer-reviewed, published
           | papers that conducted 90 fMRI experiments, some by leaders in
           | the field, and also looked at the results of so-called
           | "test/retest" fMRIs, where 65 subjects were asked to do the
           | same tasks months apart. They found that of seven measures of
           | brain function, none had consistent readings.
           | 
           | Also https://www.pnas.org/content/113/28/7900 :
           | 
           | > Functional MRI (fMRI) is 25 years old, yet surprisingly its
           | most common statistical methods have not been validated using
           | real data. Here, we used resting-state fMRI data from 499
           | healthy controls to conduct 3 million task group analyses.
           | Using this null data with different experimental designs, we
           | estimate the incidence of significant results. In theory, we
           | should find 5% false positives (for a significance threshold
           | of 5%), but instead we found that the most common software
           | packages for fMRI analysis (SPM, FSL, AFNI) can result in
           | false-positive rates of up to 70%. These results question the
           | validity of a number of fMRI studies and may have a large
           | impact on the interpretation of weakly significant
           | neuroimaging results.
        
       | siliconc0w wrote:
       | Wow - any software system that is used to submit evidence to the
       | court should have a preferably cryptographically secure chain of
       | custody of all artifacts - including the raw recorded audio and
       | the code used to process it. Any manual 'post processing' should
       | be tracked down to a person, a date, and a verifiable reason for
       | making changes to the model/decision. For 'black box' models an
       | independent organization should be able to test them to confirm
       | stated accuracy/precision.
       | 
       | I don't think the answer is to do away with these systems but as
       | we yield more and more authority to machines regulation will need
       | to catch up so they aren't just used a fig leaf for
       | corroboratory-evidence-as-a-service.
        
       | Crontab wrote:
       | Coming next year: "A man spent a year in jail on child
       | pornography charge that hinged on disputed Apple CSAM evidence".
        
         | csydas wrote:
         | I know you're being coy to slam on Apple, but this already
         | happens in the uS __without__ Apple's (imo misguided) strategy
         | and it happens frequently.
         | 
         | Prosecution over thumbnails, file hash matches with tenuous
         | connections to individuals, Crime-Tech has given a new position
         | for law enforcement to craft fanciful narratives to support
         | prosecutions of just about anyone. I'm not specifically citing
         | or inferring there have been *targeted* instances of this, but
         | it happens very often towards US citizens already.
         | 
         | Stingrays, Cellebrite, Forensic "science", ShotSpotter, it's
         | absolute chaos and anyone can be a victim here.
         | 
         | My goal here is not anything about Apple and its CSAM strategy,
         | but to make it very clear that the imagined scenario happens
         | now and happens frequently.
        
           | ailef wrote:
           | I'd be interested in reading about some of these real cases
           | if you have any links handy.
        
         | scoopertrooper wrote:
         | For that to happen: they'd have to be matched 30 times, the
         | Apple employees would have to mistakenly manually confirm the
         | match 30 times, and the defence would fail to request to see
         | the underlying images that matched the hashes during discovery.
         | 
         | It seems... far fetched.
        
           | the-dude wrote:
           | For now.
        
             | scoopertrooper wrote:
             | When your slippery slope includes the abolition of pre-
             | trial discovery, it's a very slippery slope indeed.
        
               | dylan604 wrote:
               | When does slope become cliff?
        
               | psychlops wrote:
               | When it's your phone.
        
           | [deleted]
        
           | xdennis wrote:
           | You don't know it's 30 and you don't know it's going to stay
           | so even if it is.
        
             | FireBeyond wrote:
             | Right, because imagine the spin.
             | 
             | "Our CSAM matching found 29 matches that are either
             | confirmed or strongly suspected in your iCloud drive. But
             | because Apple values your privacy, we are not turning this
             | information over."
             | 
             | No. Expect that number to go to '1', or very close, and
             | very soon. Because as much as this is a PR nightmare for
             | Apple right now, the above scenario is even worse.
        
       | tluyben2 wrote:
       | Not really relevant to this article, but relevant to the title:
       | if AI keeps banning accounts for reasons that seems nonsense to
       | humans, how will we protect people from getting flagged and
       | locked up 'just in case' by the machine?
       | 
       | AI is just not advanced enough to jail people, by a very large
       | margin. And yet we will see it happen.
        
         | MeinBlutIstBlau wrote:
         | The scariest part is how quickly policing agencies are to
         | embrace this tech as well but the government as a whole is slow
         | to change anything else. Why is it that the state can be
         | proactive about jailing me but not as much when it comes to
         | quickly resolving cases and protecting my rights?
        
       | leephillips wrote:
       | This year in jail was awaiting the "speedy trial" that is
       | supposed to be guaranteed by the US Constitution. I think that in
       | itself is as much of an issue as the quality of the evidence. How
       | can the government justify taking year away from the life of a
       | man who has not been convicted of anything?
        
         | R0b0t1 wrote:
         | It's typical for a defendant to waive their right to a speedy
         | trial. If you don't waive it typically you get the book thrown
         | at you and in the little time you have to prepare, something
         | sticks. I agree this should be changed but there is not much
         | political will behind it, as prosecutors view it as a necessity
         | to try everyone fairly. The real solution is to not bring so
         | many pointless cases to trial.
         | 
         | Knowing that, I think I would demand a speedy trial, but most
         | people have horrible lawyers.
        
           | leephillips wrote:
           | Huh, thanks for pointing that out. I had no idea that waiving
           | the right to a speedy trial was even a thing. If you do not
           | so waive, what is the standard for a trial date that is
           | considered constitutionally speedy at the moment?
        
             | R0b0t1 wrote:
             | It depends on state. In Kansas, it is 180 days if out on
             | bail, or 90 if held. Note this does not include time before
             | you are arraigned. In some states it does (personally,
             | speedy trial should include the time before you are
             | arraigned, so that the state is forced to hurry up and deal
             | with cases or dismiss them).
             | 
             | I'm unsure about federal guidelines. I think many states
             | have laws that could be challenged in federal court, and
             | their de facto behavior most certainly can, if you have
             | money.
        
         | stelcodes wrote:
         | A year? Curtis Flowers spent over 20 years on Death Row without
         | being convicted of anything. A couple years ago he was set
         | free! Why? Because of a true crime podcast called In The Dark.
         | Seriously. Listen to season 2 and your mind will be blown. The
         | "justice" system in this country is horrific.
         | 
         | https://en.wikipedia.org/wiki/Curtis_Flowers?wprov=sfti1
        
           | leephillips wrote:
           | I agree with your distress at the state of the justice
           | system, but it doesn't make sense to say that someone was on
           | death row without having been convicted. The article you link
           | to explains that his convictions were overturned. Although I
           | would never rely on information in a Wikipedia article, you
           | did link to it, so presumably you find it credible.
        
             | stelcodes wrote:
             | Every time he was "convicted", the prosecution was found to
             | be in blatant violation of laws on appeal. They intimidated
             | witnesses, kept black people off the jury, and more. So no,
             | he was never rightfully convicted! The prosecution broke so
             | many laws, way more than Curtis Flowers ever did! And they
             | just did it over and over again for 20 years. None of them
             | have faced any consequences. They effectively imprisoned an
             | innocent man for 20 years because they didn't like him. And
             | big surprise, Curtis is black.
        
               | ClumsyPilot wrote:
               | What you are describing is different from convicting
               | someone withoht trial, it's way worse.
        
         | x86_64Ubuntu wrote:
         | A lot of times, people have to waive their right to a speedy
         | trial. Apparently, in some districts they don't like it when
         | the accused doesn't waive their right, so much that the defense
         | attorney will get assaulted by the judge.
         | 
         | https://youtu.be/jAv1QUkHFSY?t=397
        
           | shadilay wrote:
           | 'Florida Judge'
        
           | ransom1538 wrote:
           | This. "Michael Williams, 65, who denied any wrongdoing, sat
           | in jail for 11 months awaiting trial for allegedly killing
           | Safarian Herring, 25."
           | 
           | Do not waive a speedy trial ever. The judge will want you to,
           | your attorney will want you to ($), the DA will want you to.
           | Tell them to go fuck themselves.
        
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