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Predicting Justice: Optimizing Data in the Criminal Justice System

October 14 @ 8:50 am - 5:00 pm

Predicting Justice addresses the timely issue of how technology and data are being used in our criminal justice system. Presented by the High Tech Law Institute and the Ignatian Center for Jesuit Education.

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This event will qualify for up to 6 hours of California MCLE credit. Santa Clara Law is a California State Bar approved provider.

CLE substantive materials available here.

Speaker bios

Schedule (subject to change)

8:15 – 8:50am Registration and Continental Breakfast
 
8:50 – 9:00am Welcome
Aaron Willis, Ignatian Center for Jesuit Education, Santa Clara University
 
9:00 – 10:30am What Counts as Data?
Prof. David Ball, Santa Clara Law (Moderator)
Mariel Caballero, Santa Clara County Probation Office
James Gibbons-Shapiro, ADA, Santa Clara County DA’s Office
Hon. Braden C. Woods. San Francisco Superior Court
 
10:30 – 10:45am Break
 
10:45am – 12:15pm Whose Data and From What Sources?
Prof. Kelley Kulick (JD ’98), Santa Clara Law/SC County Public Defenders Office (Moderator)
Prof. Dorothy Glancy, Santa Clara Law
Hon. Harlan Grossman (ret.), Superior Court of California, Contra Costa County
Prof. Jason Tashea, Georgetown Law
 
12:15 – 1:45pm Lunch
Introduction and Remarks – Fr. Kevin O’Brien, President, Santa Clara University
Keynote Speaker: Keith Wattley, Executive Director, Uncommon Law, Obama Foundation Fellow
 
1:45 – 3:15pm What are We Optimizing For?
Prof. Elsa Chen, Santa Clara University (Moderator)
Prof. Mark Bergstrom, Penn State
Frank P. Carrubba, San Jose Police Department
Hon. Risë Pichon (ret.) (BA ’73, JD ’76), Santa Clara Superior Court
 
3:15 – 3:30pm Break
 
3:30 – 5:00pm The Ethics of the Case v. Population-Level Decisions
Irina Raicu (JD ’09), Markkula Center for Applied Ethics, Santa Clara University (Moderator)
Peter Eckersley, Partnership on AI
James Gibbons-Shapiro, ADA, Santa Clara County DA’s Office
Jacqueline Mauro, UC Berkeley School of Information
Mohammad Tajsar, ACLU of Southern California

Please direct ADA/504 accommodation requests to Aaron Willis (408) 554-4383 at least 48 hours prior to event.

High Tech Law Institute at Santa Clara Law Ignatian Center for Jesuit Education

Speaker Bios:

Panel 1: What Counts as Data?
Panelists will examine the use of risk management tools in the criminal justice system, from policing to sentencing and post-conviction, and the way that different types and quality of data shape outcomes and effectiveness.

David Ball (moderator)

Professor Ball works primarily in the field of criminal justice, writing and teaching in the areas of criminal law, criminal procedure, sentencing and corrections. His articles have been published in the Columbia Law Review, the Yale Law and Policy Review, the American Journal of Criminal Law, and the Stanford Law and Policy Review, among other journals. David is currently Co-Chair of the Corrections Committee of the American Bar Association’s Criminal Justice Section.  He has also served as the Chair of the Public Safety Working Group for Lt. Gov. Gavin Newsom’s Blue Ribbon Commission on Marijuana Law and Policy and a member of the Advisory Board of the Bill of Rights Defense Committee. He is a graduate of University of North Carolina, Oxford University, and Stanford University.

Mariel Caballero

Mariel Caballero has worked in politics and public policy for over fifteen years. In October 2017, she became the first Deputy Director of Probation Administration overseeing a number of areas including Evidence Based Practices and the Juvenile Violence Reduction Program. Prior to that, Mariel served as a Program Manager for the Probation Department’s Juvenile Services Division and as the Senior Management Analyst for the Office of the Public Defender. She served on the staff of Congressman Mike Honda and of Santa Clara County Supervisor Blanca Alvarado. Mariel is a graduate of Santa Clara University and Golden Gate University.

James Gibbons-Shapiro

James Gibbons-Shapiro grew up in San Jose, attended Gunderson High School, Yale University, and UCLA Law School. He worked at the law firm of Fenwick & West before joining the Santa Clara County DA’s Office, where he has worked for 22 years. James has prosecuted every kind of case from murder to misappropriation of public funds. Currently he is one of the six Assistant DA’s that manage the trial and other teams in the DA’s Office. He supervises the Family Violence Team, the Crime Strategies Unit (using data analytics and information sharing to solve more crimes and prosecute them better), the Victim Services Unit, the High Tech Crimes Team, and the Regional Auto Theft Task Force prosecutors. Every part of his work involves the integration of data analysis into decision-making, as well as understanding the strengths and limitations of risk assessment tools.

Hon. Braden C. Woods

Judge Braden C. Woods was sworn in as a member of the San Francisco Superior Court bench on December 31, 2012. He currently presides over felony and misdemeanor jury trials. Prior to his current assignment, Judge Woods presided over Juvenile Delinquency matters for three years and the Community Justice Center (CJC) and San Francisco’s Veterans Justice Court (VJC) for two years. He founded the VJC program in 2014. For 16 years before his appointment to the bench by Governor Jerry Brown, Judge Woods was an assistant district attorney at the San Francisco District Attorney’s Office. There he served as the chief of the criminal division, head of the homicide unit, as well as founder and head of the cold case unit. He prosecuted a wide variety of cases, including murders, robberies, and sexual assaults. Judge Woods is a graduate of UC Berkeley and Santa Clara Law.

Panel 2: Whose Data and From What Sources?
Panelists will examine the sources used to compile data sets with a particular focus on which populations are being recorded and assessed. If data can optimize outcomes when applied to the public and their interactions with the system, should the same analysis and optimization be applied to the system itself?

Kelley Kulick (moderator)

Kelley Kulick is an alumna of Santa Clara Law where she is an adjunct professor on Forensics and the Law. She is also a deputy public defender with over 20 years of experience, currently assigned to the homicide team. For many years Kelley worked as the head of the research department, spearheading the office’s appellate and motions practice. Kelley is a regular presenter for the California Public Defender’s Association and is a national speaker on forensics. She has published and presented her work on transfer DNA at the American Academy of Forensic Science’s National Convention. She was named California Public Defender Association’s Public Defender of the Year in 2016.

Dorothy Glancy

Professor Glancy is nationally known for her extensive work in the area of privacy and transportation law. In March 2019 she became the Appointed Member of the Digital/Multimedia Scientific Area Committee that manages the standards and guidelines involving digital evidence, facial identification, speaker recognition, and video/imaging technology and analysis. The committee reports to the federal government’s Forensic Science Standards Board. Dorothy joined the Santa Clara Law faculty in 1975, except for brief periods during which she served as visiting professor at the University of Arizona and as assistant general counsel at the U.S. Department of Agriculture. Prior to joining the Santa Clara Law faculty, she practiced law in Washington, D.C., and then served as counsel to the U.S. Senate Judiciary Subcommittee on Constitutional Rights during the Watergate Investigations. She is a graduate Wellesley College and Harvard Law School.

Hon. Harlan Grossman (ret.)

Judge Harlan G. Grossman retired from the Contra Costa Superior Court, effective March 23, 2012, after 21 years of judicial service. As a judge, he was primarily assigned to criminal matters. Prior to his January 2, 1991 appointment to the bench (by Governor George Deukmejian), he was a Special Agent of the FBI for 6½ years (1975-1982) and a prosecutor for 9 years (1982-1991). Since his retirement, Judge Grossman has been very involved in Criminal Justice Policy matters. He has served on the board of the Prison Law Office, since November 2014 and as a California Strategic Advisor for Measures for Justice, since June 2018.

Jason Tashea

Jason is a law professor, journalist and social entrepreneur at the intersection of law and technology. A lawyer by training, he is an adjunct professor of law at Georgetown University Law Center, where he teaches a practicum on criminal justice technology, policy, and law, and is the law and technology reporter for the ABA Journal. He has spoken on artificial intelligence and legal issues around the world, as well as been an invited expert by the U.S. Government and Accountability Office and the National Academies of the Sciences. He is a member of the Institute of Electrical and Electronics Engineers’ Law Committee, an inaugural member of the Legal Services Corporation’s Emerging Leaders Council and co-founder of the Baltimore Legal Hackers chapter. For five years, he operated Justice Codes, a consultancy he founded that helped build, deploy and study tech in the legal system. He has also worked as a criminal justice policy expert at the United Nations Office of Drugs and Crime in Austria and the American Bar Association in Armenia. He was a 2012 Fulbright recipient to research justice reform in the Republic of Kosovo.

Panel 3: What are We Optimizing For?
Panelists will examine the ultimate goals of the system itself and how to define successful risk assessment.

Elsa Chen (moderator)

Professor Elsa Chen teaches political science at Santa Clara University. Her scholarly work focuses on the implementation and effects of criminal sentencing policies, racial and ethnic disparities in sentencing outcomes, prisoner reentry into society, and the effects of criminal record expungement of ex-offender reintegration. She serves as co-chair of the American Society of Criminology (ASC)’s Division on People of Color and Crime and is a member of the ASC Policy Committee, and the Science Advisory Board of the US Department of Justice – Office of Justice Programs. Elsa currently serves the University as Vice Provost for Academic Affairs. She is a graduate of Princeton, Harvard, and UCLA.

Mark Bergstrom

Professor Mark Bergstrom has been teaching sociology and criminology at Penn State since 1997. He also has been the Executive Director of the Pennsylvania Commission on Sentencing since April 1998. The Commission is an agency of the Pennsylvania General Assembly, charged with assisting in the development, maintenance, and coordination of effective, humane, and rational sentencing policies, as well as parole and correctional practices in the Commonwealth. As part of its responsibilities, the Commission is required to adopt guidelines for sentencing, re-sentencing, parole and re-commitment, and to monitor compliance with these and other statutory provisions. Mark is a graduate of Millersville University and Penn State.

Frank P. Carrubba

Frank P. Carrubba is the Division Manager of the San Jose Police Department’s Crime Data Intelligence Center, which is responsible for providing focused information and crime analytics to develop an efficient conduit of communication between districts, shifts, investigative units, and allied law enforcement agencies. Previously, Frank served as the Chief of the Criminal Division at the San Francisco District Attorney’s Office. He joined the office in 2014 at the request of District Attorney George Gascón to establish the Crime Strategies Unit, recognized as a national model for innovative, data-driven prosecution. Prior to his appointment in San Francisco, Frank enjoyed a 25-year career as a prosecutor with the Santa Clara County District Attorney’s Office where he supervised Narcotics, General Felonies, and served in the Sexual Assault and Gang Units. As a prosecutor, Frank developed the wiretapping unit and successfully indicted major violent criminal street gangs. He was also instrumental in the successful investigation and prosecution of multiple “cold” murder cases. Frank is a graduate of California Polytechnic State University and California Western School of Law. He completed his third year of law school at Santa Clara Law while working as an intern for then Santa Clara County District Attorney George Kennedy.

Hon. Risë Pichon (ret.)

Judge Risë Jones Pichon served as a Superior Court Judge of the County of Santa Clara from 1998 until her retirement on April 18, 2019. In 2015, she became the first minority judge to serve as its Presiding Judge. She is now a panelist with JAMS, Inc., a private provider of ADR services worldwide. She is also the 2019-2020 Santa Clara Law Distinguished Jurist in Residence. Judge Pichon previously served as a Judge of the Municipal Court from 1984 to 1998 and was its Presiding Judge from 1990 to 1991. Prior that she was selected to serve as a Court Commissioner by the Santa Clara County Municipal Court Judges. Her prior work as an attorney includes service as a Deputy County Counsel and Deputy Public Defender. She is a Double Bronco, graduating from Santa Clara University and Santa Clara Law. Judge Pichon gives generously of her time to SCU as a member of the Board of Regents, the Law Advisory Board, and the Advisory Board of the Markkula Center for Applied Ethics.

Panel 4: The Ethics of the Case v. Population-Level Decisions
Panelists will examine the core tension of risk assessment tools and population data sets – the relationship of the individual person to the aggregate. Panelists also will explore what might be lost in treating individuals as being best represented by the outcome of an algorithm’s assessment based on data sets that may or may not have a strong correlation to that individual and their future behavior.

Irina Raicu (moderator)

Irina Raicu is the director of the Internet Ethics Program at the Markkula Center for Applied Ethics. She is a Certified Information Privacy Professional (U.S.) and was formerly an attorney in private practice. Her work addresses a wide variety of issues, ranging from online privacy to net neutrality, from data ethics to social media’s impact on friendship and family, from the digital divide to the ethics of encryption, and from the ethics of artificial intelligence to the right to be forgotten. Irina’s writing has appeared in a variety of publications, including The Atlantic, USA Today, MarketWatch, Slate, Huffington Post, San Jose Mercury News. San Francisco Chronicle, and Recode. She is a member of the Partnership on AI’s Working Group on Fair, Transparent, and Accountable AI. She is a graduate of UC Berkeley, San Jose State University, and Santa Clara Law.

Dr. Peter Eckersley

Dr. Peter Eckersley is Director of Research for the Partnership on AI. Peter leads the Partnership’s research practice on topics associated with PAI’s mission, including on best practices for the ethics, safety, fairness, inclusiveness, trust, and robustness for AI research, applications, and services. His AI research interests are broad, and include prior work on measuring progress in the AI ecosystem, figuring out how to translate ethical and safety concerns into mathematical constraints, and setting sound policies around high-stakes machine learning applications such as self-driving vehicles, recidivism prediction, cybersecurity, and military uses of AI. Prior to joining PAI, Peter was Chief Computer Scientist for the Electronic Frontier Foundation, where he led a team of technologists that launched numerous computer security and privacy projects. Peter is a graduate of the University of Melbourne.

James Gibbons-Shapiro

James Gibbons-Shapiro grew up in San Jose, attended Gunderson High School, Yale University, and UCLA Law School. He worked at the law firm of Fenwick & West before joining the Santa Clara County DA’s Office, where he has worked for 22 years. James has prosecuted every kind of case from murder to misappropriation of public funds. Currently he is one of the six Assistant DA’s that manage the trial and other teams in the DA’s Office. He supervises the Family Violence Team, the Crime Strategies Unit (using data analytics and information sharing to solve more crimes and prosecute them better), the Victim Services Unit, the High Tech Crimes Team, and the Regional Auto Theft Task Force prosecutors. Every part of his work involves the integration of data analysis into decision-making, as well as understanding the strengths and limitations of risk assessment tools.

Jacqueline Mauro

Jackie is a postdoctoral scholar at the UC Berkeley School of Information under Professor Joshua Blumenstock. Her research generally focuses on developing nonparametric causal methods motivated by real-world policy issues, in particular policy questions around criminal justice. These methods lean on developments in Machine Learning to create flexible yet robust estimates of causal effects. The goal is to provide practitioners across a variety of fields with the most robust possible estimates of the impacts of proposed policy changes.

Mohammad Tajsar

Mohammad Tajsar has been a Staff Attorney at the ACLU of Southern California, since 2017. His work primarily focuses on national security and counterterrorism policy. He also works on police misconduct, government surveillance, and protecting individuals’ and organization’s rights in the digital world. Prior to joining the ACLU, Mohammad was an associate at a Pasadena law firm. He is a graduate of UCLA and UC Berkeley Law.

Keith Wattley, Lunch Keynote Speaker
Keith Wattley is the founder and executive director of UnCommon Law, a nonprofit law firm in Berkeley, CA. Keith has represented thousands of people in prison in impact litigation and individual matters including, but not limited to, mental health care, medical care, excessive force, parole consideration, and parole revocation. Keith also has trained hundreds of lawyers, law students, and other in prisoner and parole advocacy. Prior to founding UnCommon Law, Keith was a staff attorney at the Prison Law Office, another nonprofit law firm in Berkeley. Keith co-chairs the Institutional Review Board for the National Council on Crime and Delinquency. He was also a member of the Founding Board of Directors of the Prison University Project at San Quentin State Prison. He in as lecturer in law and UCLA Law and Berkeley Law, where he supervises the Post-Conviction Advocacy Project. Keith received the 2009 Santa Clara Law Social Justice and Human Rights Award and the 2016 Kathi Pugh Award for Exceptional Mentorship from Berkeley Law. In 2018, Keith was select as one of the first Obama Foundation Fellows for his unique legal model and hi vision for representing, in their parole hearings, people convicted of violent crimes. Keith is a graduate of Indiana University and Santa Clara Law.

Details

Date:
October 14
Time:
8:50 am - 5:00 pm
Event Category:

Venue

Charney Hall 102/103, Panelli Courtroom
500 El Camino Real
Santa Clara, CA 95050 United States
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    Predicting Justice: Optimizing Data in the Criminal Justice System

  • October 14
  • 8:50 am - 5:00 pm
  • Charney Hall 102/103, Panelli Courtroom