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AI

AI is Sending People To Jail -- and Getting it Wrong (technologyreview.com) 355

At the Data for Black Lives conference last weekend, technologists, legal experts, and community activists snapped the kind of impact AI has on our lives into perspective with a discussion of America's criminal justice system. There, an algorithm can determine the trajectory of your life. From a report: The US imprisons more people than any other country in the world. At the end of 2016, nearly 2.2 million adults were being held in prisons or jails, and an additional 4.5 million were in other correctional facilities. Put another way, 1 in 38 adult Americans was under some form of correctional supervision. The nightmarishness of this situation is one of the few issues that unite politicians on both sides of the aisle.

Under immense pressure to reduce prison numbers without risking a rise in crime, courtrooms across the US have turned to automated tools in attempts to shuffle defendants through the legal system as efficiently and safely as possible. This is where the AI part of our story begins. Police departments use predictive algorithms to strategize about where to send their ranks. Law enforcement agencies use face recognition systems to help identify suspects. These practices have garnered well-deserved scrutiny for whether they in fact improve safety or simply perpetuate existing inequities.

Researchers and civil rights advocates, for example, have repeatedly demonstrated that face recognition systems can fail spectacularly, particularly for dark-skinned individuals -- even mistaking members of Congress for convicted criminals. But the most controversial tool by far comes after police have made an arrest. Say hello to criminal risk assessment algorithms.

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AI is Sending People To Jail -- and Getting it Wrong

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  • Perfect World (Score:2, Insightful)

    by Anonymous Coward

    People want a perfect world. People don't know history and how far humanity has come. People complain about modern life like we live in 1850. People should continue to work to fix things - but the constantly bitching , finger pointing and dividing of people into groups *does not help*.

    • Re:Perfect World (Score:5, Insightful)

      by sjames ( 1099 ) on Monday January 21, 2019 @04:45PM (#57998452) Homepage Journal

      If nobody calls out things that are broken, how the hell will they get fixed? Who the hell needs these newfangled electric lights anyway. Quit your bitching about oil lamps.

      • Re: (Score:3, Interesting)

        Comment removed based on user account deletion
        • by rtb61 ( 674572 )

          The data is abused in the most disgusting and ingenious way imaginable. What the data actually analyses is the performance of various correctional services and highlight which are failing and which are succeeding and blaming the victims, the recidivist criminals, who commit crime upon release because not only were they not rehabilitated but due to abuse and corruption within the systems, icentivised to commit future crimes.

          The US correctional services system has become of cesspool of abuse, corruption and

  • by Anonymous Coward on Monday January 21, 2019 @01:59PM (#57997292)

    Algorithms and bad statistics are not artificial intelligence. People using algorithms and bad statistics in idiotic ways is also not ai. Words mean things. Use them with care and precision.

    • by mark-t ( 151149 )

      People using algorithms and bad statistics in idiotic ways is also not ai.

      Obviously, since people are not (generally speaking) artificial, the "A" part of A.I.

      However, if a person who is using statistics happens to make a decision that is wrong, even if a person is using a specific and detailed process by which to arrive at the decision, that does not mean that the decision was made without any application of intelligence. And therefore the process by which that decision is made is offloaded to some art

      • "AI" stands for Actual Idiocy in more cases than the general public realizes.

        The real problem here, and in many other cases of AI failure is complete lack of quality control.

        In most cases, alleged AI is not intelligent, and probably not artificial - it is mechanized processes that were defective in concept, implementation, and application. Yes ... all three. Its not the Intel CPU that is at fault, it is the fools that believed the marketing hype.

    • by hey! ( 33014 ) on Monday January 21, 2019 @02:19PM (#57997450) Homepage Journal

      A pattern recognition program is only as good as the people who train it. The problem isn't that the *statistics* are bad; it's that the data collection system feeding those statistics is biased.

      For example, we know both from studies and common sense that marijuana use is extremely commonplace in both the black and white communities, in fact it's used at almost exactly the same rate. However blacks are far more likely to be arrested on marijuana possession charges than whites. Even if you don't feed in race to your algorithm, if the algorithm is any good it will in effect infer race from where the offender lives, the schools he went to, the jobs he's held and so on.

      Just taking marijuana charges into account is enough to bias your dataset even if your algorithm is itself color-blind. We don't really have data on how likely someone is to break the law; we only have data on how likely they are to be charged with breaking the law.

      • by syn3rg ( 530741 ) on Monday January 21, 2019 @03:41PM (#57998112) Homepage

        Sending people to jail for crimes they didn't commit is a dick move

        Sending people to jail for crimes they didn't commit yet is a Philip K. Dick move

    • Quoting the Slashdot story summary: "The US imprisons more people than any other country in the world."

      It is more correct to say, "The US imprisons a higher percentage of its people than any other country in the world."

      Prison is a big, profitable business in the United States. The companies that manage prisons are paid up to $70,000 per prisoner, per year.

      Articles:

      The Economics of the American Prison System [smartasset.com] (May 21, 2018)

      The Prison Industry in the United States: Big Business or a New Form o [globalresearch.ca]
      • Private prisons account for less than 10% of the overall prison population. We've had this problem far longer than we've had private prisons. It might be trendy to hate on companies, but they're hardly the only interested parties [theintercept.com] in keeping people locked up for silly reasons.

        The rise in private prisons has merely been a direct result of the government owned facilities getting overcrowded and the inability for states to secure funding to build additional prisons. Of course these private prisons want guara [mic.com]
        • Private prisons also account for a tiny % of bribes being paid by the 'prison system', the vast majority of which is from the guards unions.

        • There are a sizable group of prisoners who are there for no other reason than possessing slightly too much of a particular plant or other substance. We're wasting a lot of money locking up people who could otherwise be paying taxes.

          Especially if marijuana is legalized and taxed!

      • by ShanghaiBill ( 739463 ) on Monday January 21, 2019 @03:22PM (#57997964)

        Quoting the Slashdot story summary: "The US imprisons more people than any other country in the world."

        It is more correct to say, "The US imprisons a higher percentage of its people than any other country in the world."

        Either is correct. America is the world leader both in percent and absolute number of prisoners. China is the only other country that even comes close. China imprisons about a quarter as many people as a percentage, but even if you include the "re-education" camps in Xinjiang they are still below America in absolute numbers.

        Prison is a big, profitable business in the United States. The companies that manage prisons are paid up to $70,000 per prisoner, per year.

        Private prisons are a problem, and in my opinion should be shut down. But prison unions in government run prisons are also a big problem. The California prison union was a big financial supporter of the "three strikes" law that caused prison populations to soar, locking up thousands of non-violent geriatric geezers that should be in nursing homes instead of prison cells.

        Private prisons and prison unions both work to not only lock up more offenders and lengthen sentences, but also to increase recidivism. It is well known that prisoners that keep in touch with their families and friends are more likely to successfully reintegrate with society. So the prisons actively work to prevent that, by moving prisoners out-of-state, denying visits for capricious reasons, and making phone calls expensive and infrequent.

        It is a rotten corrupt process, and we all pay the price.

        • by mentil ( 1748130 )

          It is well known that prisoners that keep in touch with their families and friends are more likely to successfully reintegrate with society.

          Interesting. I once heard here that recidivism is lower in Nordic countries which relocate convicts, upon release, to a location far from where they used to live. The theory was that if they're separated from their old criminal friends and contacts then they're less likely to reoffend.

          • Interesting. I once heard here that recidivism is lower in Nordic countries which relocate convicts, upon release, to a location far from where they used to live. The theory was that if they're separated from their old criminal friends and contacts then they're less likely to reoffend.

            I just did some googling, and was unable to find a single citation for any Nordic country doing this. To the contrary, as an inmate nears release, Norway offers weekend releases to ease the reintegration with their family and community.

    • Indeed!
      9 out of 10 dentists agree 95 times out of a hundred that using tools with care and precision is important.
  • by Anonymous Coward on Monday January 21, 2019 @02:00PM (#57997300)

    quote: even mistaking members of Congress for convicted criminals

    If there ever was a non-mistake, that would be it.

    • Which demonstrates another problem with AI partitioning algorithms. If 99% of Congress is criminal, an algorithm that blanket assigns criminality 100% of the time is perforce 99% accurate.

      • Re: (Score:3, Funny)

        by Anonymous Coward

        264 member of Congress have used a taxpayer fund of $17 million to pay off sexual harassment accusers. That is half of the 538 total members.
        Paying off an accuser and not declaring it to the FEC is a felony, Michael Cohen is charged with a felony and 5 years for doing the same with Stormy Daniels.
        Congress is not subject to FOIA requests, and are refusing to list the names of those involved. They know felonies have been committed and are protecting those felons. That is aiding a felon after the fact, and

        • Paying off an accuser and not declaring it to the FEC is a felony, Michael Cohen is charged with a felony and 5 years for doing the same with Stormy Daniels.

          ...during the run-up to an election. So only a subset of those congresscritters have done the same.

          In addition I'm sure some of the 264 sexual harassment accusers are legit

          Probably most of them. If they're obviously not legit, then it's not worth paying them off.

    • by arth1 ( 260657 )

      There's a difference between convicted and elected.

    • Oh it's a mistake, just in the AI not being bribable.

  • >> Under immense pressure to reduce prison numbers without risking a rise in crime

    As I've heard it, it's primarily "reduce prison numbers" because minorities are disproportionally incarcerated. If there's any "rise in crime" discussion it's typically been around the promise that "non-violent" criminals will only continue to commit non-violent crimes like (unattended) car theft, (unattended) home robbery and state-wide drug distribution, and won't escalate crimes that directly threaten or harm anyone.
    • As I've heard it, it's primarily "reduce prison numbers" because minorities are disproportionally incarcerated.

      In California, we enacted strict laws, so the jails filled up. No one wanted to increase the budget of jails, so instead, they over-filled them with prisoners, or reduced the number of guards (no guards in the guard towers), or tried to get county jails to take some of the state prisoners.

      That created health problems, so there were lawsuits, and the court ordered the prison systems to release some prisoners, or build new jails. The court didn't explain how to do it. Eventually they did just release a bunc

  • We put more people in jail because of the war on drugs.
    • by arth1 ( 260657 )

      We put more people in jail because of the war on drugs.

      Only around 1 of 5 of the US prison population has drug charges as the only or main reason. Both property crime and violent crime have far more incarcerations.
      https://static.prisonpolicy.or... [prisonpolicy.org]

      The ratio of incarcerations to the general population is sky high in the US compared to other countries even if every single one of the drug convicts were released.

      There are many factors why the US has such a high number of inmates, including a for-profit prison system, elected judges (nobody will get elected on a pro

    • by Shotgun ( 30919 )

      The first google hit. And it's even from a far leftist propaganda site. You need to change your talking points.

      https://www.vox.com/policy-and... [vox.com]

  • by HornWumpus ( 783565 ) on Monday January 21, 2019 @02:05PM (#57997346)

    The most blatant statistic that shows cultural racism is the crime clearance rate by race of the victim.

    The computer should send many more cops into 'communities of color', not doing so is racist!

    They aren't getting their 'fair share' of law enforcement, as seen by the fact that blacks are shot at a lower rate than their share of crime committed. Until 40%+ of those shot by cops are black, they aren't being treated fairly.

    • by AmiMoJo ( 196126 )

      The computer should send many more cops into 'communities of color', not doing so is racist!

      Prevention is better than cure. Fix the poverty problems and the crime will go down. Cops are not the right tool.

      • Thunderdome is fine, if you're handing them bread and circuses?

        Have you ever lived in a _crap_ neighborhood? It's expensive, you lose more to crime than you save on rent, if you own anything worth stealing.

        Cops are part of any solution that could work. Cops with full time on cameras though, not typical corrupt cops. Prevention doesn't do anything for people on the ground today.

        • by AmiMoJo ( 196126 )

          Why are people committing crimes? Poverty, drug addiction, lack of opportunity. Fixing that prevents crime, police mostly just clean up after it.

  • by Anonymous Coward


    Because most risk assessment algorithms are proprietary, it’s also impossible to interrogate their decisions or hold them accountable.

    You can't have secret laws, or secret government. Government and criminal justice must have the ability to scrutinize the decisions, and you can't scrutinize a secret algorithm.

    This is the same thing that's happened with blood alcohol testing machines. Courts have ruled they have to allow scrutiny of the source code. The same should happen for these algorithms.

    The n

    • by Sique ( 173459 )
      With COMPASS, one of the prediction tools used, there was some scrutinity, and in certain ways, you are right. Apparently, COMPASS uses many parameters (more than 130), and none of them is race, but many ask for the social background (stable family, stable source of income, education level etc.pp.). And apparently, it weighs many small and indirect warning signs for recidivism higher than few, but very strong direct indicators. For instance, COMPASS seems to be prone to underestimate the recidivism rate for
  • by jellomizer ( 103300 ) on Monday January 21, 2019 @02:09PM (#57997384)

    The United States doesn't a a Justice system, but a punishment system.
    It is running off the Old Idea. If we treat the population like pre-teen kids, where punishment is an effective way to curve behavior, and prevent this from happening.

    Now lets not straw man this, and talk about murderers, and the harden criminals, where harsher sentence are needed.
    Most Americans Jailed are for lower level crimes, crimes of passion, or crimes because they couldn't find an effective legal way out.
    The cost of keep these people in jail, is often far more then their hindrance too society that they caused.

    We can be tough on crime, without jailing everyone. Jailing should be used only if the criminal is considered too much of a risk to the general public. They are other ways to punish and rehabilitate criminals. Such as Home Confinement or Monitored Home Confinement, where the criminal can still go to work, and live their life, but just cannot travel anywhere he wants and when. Giving them a life, while making sure they don't go out of bounds. There is also just general relocation, sometimes the criminal causes crime, because they are living in a place that fosters such activity. Then there should be more effort in educations, and showing people a better way out.
    People shouldn't be able to get away with criminal activity. But just locking them up isn't justice. It is just being cruel, and wanting revenge for their damage.

    • by Kjella ( 173770 )

      Now lets not straw man this, and talk about murderers, and the harden criminals, where harsher sentence are needed.

      Hasn't the US pretty much tapped out that one? I mean you regularly hear about people serving 25+ year sentences and life convictions. You can get out when you're near retirement age with no work history, no savings, probably estranged from all friends and family and you're a convicted felon. Granted, now that I'm a bit older I see there's life at 50+ too but to my younger self it already sounds like a "my life is over if I get caught" sentence, do they really care if you make it 50 or 500 years? Do the eve

      • About 200 years ago, in the UK, you could be hung for sheep stealing. The saying went "you might as well be hung for a sheep as a lamb" - but generally, it was observed by the criminal classes that you would be better off killing the shepherd than getting caught stealing sheep.

        Reducing the sentences for sheep stealing significantly improved the life expectancy of shepherds. (Although, not being land owners, they still did not have the vote).

  • Researchers and civil rights advocates, for example, have repeatedly demonstrated that face recognition systems can fail spectacularly, particularly for dark-skinned individuals -- even mistaking members of Congress for convicted criminals.

    So the AI is performing correctly in Minority Report mode, then?

  • Long story short, don't do things that get you in the legal system in the first place.

    • Yeah, I got arrested for getting rear-ended by another car once... sometimes you get into the legal system through no fault of your own!
  • One person's "getting it wrong" is another's profitable business venture. [washingtonpost.com]
  • by Locke2005 ( 849178 ) on Monday January 21, 2019 @02:33PM (#57997556)
    Why do people insist on calling Expert Systems "AI"? These programs didn't figure out the rules themselves, they were programmed with an explicit set of rules by so-called "experts" who had all their own built-in biases!
  • by alvinrod ( 889928 ) on Monday January 21, 2019 @02:33PM (#57997560)
    We should be comparing how good the AI is against what it would be replacing. We know that a computer won't be perfect, but it's pretty damned obvious that humans are far off mark as well. Human witnesses are also terrible at facial recognition as evidence by the number of wrongful incarcerations. There's one particular case [visualexpert.com], where an expert on eyewitness testimony was accused of a rape and picked out of a lineup by the victim, but was at the time of the crime on television, where he was talking about the unreliability of eyewitness testimony of all things.

    At least with a computer, we'll be properly skeptical of it. With humans, we're too susceptible to being drawn in to what they say (regardless of whether they're genuinely mistaken or willfully deceptive) and people will continue to maintain some false recollection, even if they're not being malicious, long after other evidence should be sufficient to dismiss it. Worse still, other humans tend to gravitate towards whatever they've heard from someone else first and weight it disproportionately to information they receive later. That can still happen when interacting with computers, but I don't believe that we assign them the same amount of trust.
  • all drugs, including the hard ones. Treat those (Heroine and the like) as medical conditions from start to finish. You go to a government facility, get your fix, and the moment you come down you're in treatment. Pass Medicare for All (it'll save $5 trillion a year) so we're sure there's care for everyone.

    The only downside is you won't be able to use our drug war against populations you don't like anymore. [cnn.com] Yes, that includes dirty hippies [google.com].
    • Please explain how Medicare for All will save us more money than we currently spend on all forms of healthcare per year. $5 trillion is about 25% of the GDP of the country.

      I agree with you that we should decriminalize all drugs, but you really ought to lay off them yourself because I can't think of what else might cause a person to pull numbers like that out of their ass.
  • by spazmonkey ( 920425 ) on Monday January 21, 2019 @02:38PM (#57997614)
    I have been at the receiving end of these. They are far simpler and more biased than anyone would reasonably expect. They are likely the result of a self-styled 'expert', as they are certainly never vetted in any academic sense, and they show a lot of that person/teams biases. They put the vast majority of the weighting on income and upbringing, meaning a minor non-violent criminal with a background of childhood poverty will be treated as much larger threat than a wealthy murderer. Just for a bit of background, I shot someone. I have no delusions that the money and privilege of being a white professional with a lawyer changed my outcome in the courtroom and DA negotiation side. Were I poor and minority I likely would have been in the system for life. But beyond that, once into the system, the imbalance continued. On a threat scale of 0 to 100, I rated something like a 2. It was absurd. Mainly because the questions were weighted toward things like how long I had been at an address, and if I owned or rented. Also previous convictions REGARDLESS OF TYPE. I knocked all those questions out of the park. If some poor minority kid with little education and a few tickets and a minimum wage job who had recently changed apartments got caught with a joint, they would have scored something like at least a 50 as a baseline. Which means I got an immediate and almost unsupervised walk (not a day in jail, call in once a month), while our hypothetical joint owner would have been locked up with at least a medium threat rating. TL,DR; This has nothing to do with AI, more what some white, educated social worker pulled from very flawed data filtered through their biases.
    • by Shotgun ( 30919 )

      The question implied, but not asked would be, "If allowed to walk away unsupervised, would the young, minority joint owner ever be heard from again?" You walked, and apparently that worked, because you answered the phone each month. So, exactly what are you claiming is broken with the system?

    • by AmiMoJo ( 196126 )

      You need a law like GDPR. Then you could demand to know the inner workings of the algorithm too.

    • I submit that the checklists correctly identified you as a least threat to society. The rest of your rant is just making things up. Social workers care a great deal and many of them are not white.
  • So you participated in a conference publicly criticizing the justice system... It's a safe bet the AI just flagged you as a potential law breaker.

  • The US is less tolerant of crime and better at catching it than other countries. That's why we have more people in prison. Black people commit more crimes so they go to jail more often. Those are facts. Get over it. There isn't some stupid national conspiracy to put non-white people in prison more. They just simply commit more crimes period. Fix it or shut up about it all being "the system's" fault.
    • by green1 ( 322787 )

      The US is less tolerant of crime and better at catching it than other countries.

      Citation needed. The evidence when compared to other similar countries, does not bear out that assertion.
      For example, The homicide clearance rate (percentage of murders where the offender is caught):
      - United States: 65%
      - Canada: 75%
      - England: 85%
      - Australia: 87%
      - New Zealand: 91%

      There's also ample evidence that there are simply more crimes committed in the US compared to other parts of the western world. (e.g. that homicide rate is about 4 times higher in the US than any of those other countries)

      Black people commit more crimes so they go to jail more often.

      While that

    • by tsuliga ( 553869 )

      Blacks are also 2 to 3 times more likely to be poor. Perhaps being poor is what makes the percentage higher for committing crimes.

      How many black Doctors or Teachers commit crimes? My guess would be the same or lower as compared to whites.

  • Good fucking God trying to get to that article. I should have just waited for my magazine to arrive in the mail!
  • "even mistaking members of Congress for convicted criminals"

    That's easy. Just teach it to distinguish between convicted and unconvicted criminals.

  • There should not be any gods-be-damned 'computer algorithms/AI' involved in ANY of this.
  • They don't like computerized risk assessment.

    Would they prefer HUMANIZED risk assessment, or will they also call that racial profiling? The point they don't get is that the word "stereotype" is not a dirty word until you put "mindless" in front of it.

  • "There is no distinctly American criminal class - except Congress."

  • by Cipheron ( 4934805 ) on Monday January 21, 2019 @03:37PM (#57998076)

    One important missing part of the story is how does the decision-making of algorithms fare against decision-making of humans?

    Just like self-driving cars, the important thing for law enforcement AI isn't the absolute rate of errors in judgement, it's the relative rate of errors compared to humans making those decisions. Human decision making is far from perfect, so we shouldn't throw out algorithmic tools completely because they don't end up magically being correct 100% of the time. They just have to be at least 1% more consistent than we are to be of overall benefit. Remember, the goal here is to *reduce* the prison population through the use of AI. Less people will end up in prison due to the algorithms than would otherwise be there. Sure, it will make some mistakes, but overall, less people will be in prison compared to the human-judgement based system, because that is the metric the AIs are being trained to improve. If the prison population drops by 30% due to AI optimization, then that means a LOT less black people in prison, so even if the percentage error rate was a bit higher, less black people would be negatively impacted.

  • WTF! (Score:5, Interesting)

    by The Grim Reefer ( 1162755 ) on Monday January 21, 2019 @03:41PM (#57998114)

    Put another way, 1 in 38 adult Americans was under some form of correctional supervision.

    All victimless crimes need to be removed from the books. If someone wants to smoke pot, do coke, or what ever, let them. But also spend money on better education. Work on the root cause of why this is the case. Obviously there are some people who are going to waste their life. But it's a hell of a lot less than the wasted lives we have with people in prison, or who get out and will never be able to find a meaningful job afterward. Tax drugs and use the money to help people too. This eliminates the money made by current criminals in the drug trade as well.

    If someone is publicly intoxicated, who cares. If they are making a nuisance of themselves, put them in a drunk tank until they sober up the next day. Just because someone is staggering a bit on the way home from the bar, who cares. Why is this something that can get a person prison time? If they are being belligerent or threatening others, that's a different case. But that's illegal even if you are sober.

    Prostitution is another case. As long as it's a persons choice and they are not being forced into it, why is this a crime. Pimps should be punished for sure. But if someone wants to work for a prostitute, or group of them for an agreed upon amount/percentage I don't see the issue. At least as long as it's understood that the prostitute is in charge and not the other way around. Again, taxes and education should get funding from this. As well as testing.

    While I don't necessarily agree with copyright infringement, it is not a criminal offense. This is a civil matter. But copyright law is such a mess in this county, I don't think it will be fixed in my lifetime. But no one should ever go to jail for downloading music or video. If a person gets caught for it, then they should not have to pay any more than the cost of what it would be to purchase the track on iTunes or similar service. $400,000 for one song is insane.

    Some crimes should also be judged on the circumstance as well. If someone gets pulled over for a DUI, maybe we shouldn't have the criminal justice system destroy their life. But make the punishment for a second offense much stricter. Granted, the possibility of an innocent bystander getting harmed could go up too. So this might not be the best example.

    The criminal justice system is in place to protect the citizenry, not enslave it. If 1 in 38 adults are somehow in the system, then something is obviously very wrong. The laws are in place to help protect the people, not enslave them. Our system of government was supposed to be for the people. The rich and corporations should not be able to purchase politicians either. When someone does more time for a joint than stealing a couple million from a pension fund, something is very wrong.

  • The Left has asserted that EVERYTHING in the criminal justice system is dirty - cops are racist, the judges are racist, detectives are racist, prison guards are racist, etc ad infinitum.

    So, every jurisdiction is trying to find some sort of objective agent for every possible step in the process. And then we have legions of data pimps insisting that AI is here, that their software can do this, etc and it looks like a godsend: we get to take all the human elements of racism out of the equation and now we have

  • by dromgodis ( 4533247 ) on Monday January 21, 2019 @05:15PM (#57998570)

    The US imprisons more people than any other country in the world.

    Is this because:

    1. The US are better at catching criminals?
    2. There are more criminals per capita in the US? (I assume that the careless quote is meant per capita).
    3. The US imprisons more innocent people?
    4. There are more actions that are deemed illegal in the US than elsewhere?
    5. It is profitable to run prisons.
    6. ???

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