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AI Crime

AI-Powered Tech Put a 65-Year-Old in Jail For Almost a Year Despite 'Insufficient Evidence' (apnews.com) 98

"ShotSpotter" is an AI-powered tool that claims it can detect the sound of gunshots. To install it can cost up to $95,000 per square mile — every year — reports the Associated Press.

There's just one problem. "The algorithm that analyzes sounds to distinguish gunshots from other noises has never been peer reviewed by outside academics or experts." "The concern about ShotSpotter being used as direct evidence is that there are simply no studies out there to establish the validity or the reliability of the technology. Nothing," said Tania Brief, a staff attorney at The Innocence Project, a nonprofit that seeks to reverse wrongful convictions.

A 2011 study commissioned by the company found that dumpsters, trucks, motorcycles, helicopters, fireworks, construction, trash pickup and church bells have all triggered false positive alerts, mistaking these sounds for gunshots. ShotSpotter CEO Ralph Clark said the company is constantly improving its audio classifications, but the system still logs a small percentage of false positives. In the past, these false alerts — and lack of alerts — have prompted cities from Charlotte, North Carolina, to San Antonio, Texas, to end their ShotSpotter contracts, the AP found.

And the potential for problems isn't just hypothetical. Just ask 65-year-old Michael Williams: Williams was jailed last August, accused of killing a young man from the neighborhood who asked him for a ride during a night of unrest over police brutality in May... "I kept trying to figure out, how can they get away with using the technology like that against me?" said Williams, speaking publicly for the first time about his ordeal. "That's not fair." Williams sat behind bars for nearly a year before a judge dismissed the case against him last month at the request of prosecutors, who said they had insufficient evidence.

Williams' experience highlights the real-world impacts of society's growing reliance on algorithms to help make consequential decisions about many aspects of public life... ShotSpotter evidence has increasingly been admitted in court cases around the country, now totaling some 200. ShotSpotter's website says it's "a leader in precision policing technology solutions" that helps stop gun violence by using "sensors, algorithms and artificial intelligence" to classify 14 million sounds in its proprietary database as gunshots or something else. But an Associated Press investigation, based on a review of thousands of internal documents, emails, presentations and confidential contracts, along with interviews with dozens of public defenders in communities where ShotSpotter has been deployed, has identified a number of serious flaws in using ShotSpotter as evidentiary support for prosecutors. AP's investigation found the system can miss live gunfire right under its microphones, or misclassify the sounds of fireworks or cars backfiring as gunshots.

Forensic reports prepared by ShotSpotter's employees have been used in court to improperly claim that a defendant shot at police, or provide questionable counts of the number of shots allegedly fired by defendants. Judges in a number of cases have thrown out the evidence... The company's methods for identifying gunshots aren't always guided solely by the technology. ShotSpotter employees can, and often do, change the source of sounds picked up by its sensors after listening to audio recordings, introducing the possibility of human bias into the gunshot detection algorithm. Employees can and do modify the location or number of shots fired at the request of police, according to court records. And in the past, city dispatchers or police themselves could also make some of these changes.

Three more eye-popping details from the AP's 4,000-word exposé
  • "One study published in April in the peer-reviewed Journal of Urban Health examined ShotSpotter in 68 large, metropolitan counties from 1999 to 2016, the largest review to date. It found that the technology didn't reduce gun violence or increase community safety..."
  • "Forensic tools such as DNA and ballistics evidence used by prosecutors have had their methodologies examined in painstaking detail for decades, but ShotSpotter claims its software is proprietary, and won't release its algorithm..."
  • "In 2018, it acquired a predictive policing company called HunchLab, which integrates its AI models with ShotSpotter's gunshot detection data to purportedly predict crime before it happens."

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AI-Powered Tech Put a 65-Year-Old in Jail For Almost a Year Despite 'Insufficient Evidence'

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  • by cypher2048 ( 4036957 ) on Sunday August 22, 2021 @10:41AM (#61717471)
    There was also an article on Slashdot a month ago about police being able to manually falsify results/evidence from withing the application: "Police Are Telling ShotSpotter To Alter Evidence From Gunshot-Detecting AI".
    • by sjames ( 1099 ) on Sunday August 22, 2021 @12:29PM (#61717677) Homepage Journal

      And that is why there are calls to "de-fund the police". They have no excuse here. There is no way to spin the story that doesn't come down to knowingly subverting the law and the criminal justice system. That is, knowing criminal behavior worthy in itself of prison time.

      The part that BLM gets wrong is in thinking only black people are targeted by police for perversion of justice. To be fair, black people are targeted more frequently, mostly based on opportunity and likelihood of connections that might rumble their game.

      • by igreaterthanu ( 1942456 ) on Sunday August 22, 2021 @03:41PM (#61718213)
        How is cutting spending going to improve things like that? If anything spending need to be increased to increase the quality of internal processes, training, and to hire better staff.
        • Re: (Score:2, Insightful)

          by sjames ( 1099 )

          For example, they could quit expending $95,000/sq. mi./year on snake oil. They could cut back on the military hardware (even when loaned from the military, even the maintenance costs more than payments on a more reasonable vehicle). Not blowing a ton of money on questionable roadside drug test kits every time they spot doughnut glaze crumbs could help.

      • by JaredOfEuropa ( 526365 ) on Sunday August 22, 2021 @04:30PM (#61718339) Journal
        The problem is not funding or access to technology in this case. Shotspotter may have a place in law enforcement, but only as a tool to quickly home in on a shooting or to reconstruct one after the fact. But only to direct the investigation, not to provide any sort of "evidence". Shotspotter points out a location, you go there and find brass and you got your evidence.

        What puzzles me is that the app output is accepted as evidence in a court of law. But that is hardly the fault of the police. Or even the prosecutor.
        • by sjames ( 1099 )

          If TFA is right about the false positive rate from dumpsters banging, etc then even use as a pointer to evidence may be a waste of resources.

          It is the police and prosecutors that pulled the wool over the court's eyes claiming capabilities and trustworthiness that Shotspotter does not actually have.

    • There's a clear need for time stamped, encrypted, independent off site third party storage...

      among other things.
  • Guilty (Score:5, Interesting)

    by Stachel ( 718095 ) on Sunday August 22, 2021 @10:46AM (#61717477)

    > Williams sat behind bars for nearly a year before a judge dismissed the case against him last month at the request of prosecutors, who said they had insufficient evidence.

    How come this guy was in jail for a year until the *prosecution* says "sorry, my bad, we have no proof"?

    In the meantime he may have lost his job, house, etc.

    • bail costs money (Score:5, Insightful)

      by Joe_Dragon ( 2206452 ) on Sunday August 22, 2021 @11:11AM (#61717507)

      bail costs money

      • by jobslave ( 6255040 ) on Sunday August 22, 2021 @01:19PM (#61717805)
        Exactly! Why was he in jail without any sort of direct evidence? Oh right this is Chicago and he's black... of course the corrupt cops and legal system tossed him in jail. This tech may be helpful in alerting where a potential gunshot is. That is where it ends though. Without video recoding, it cannot produce actual evidence to find anyone guilty. Unless it's recording high resolution video of the person shooting the gun. Without undisputed video evidence Shotspotter and related tech should never ever be used in court. Any and all "evidence" this tech produces is at the very best circumstantial and most likely the equivalent of hearsay in most real world situations.
        • So serves him right.

          But why dd they let him go? Why would a prosecutor embaras themselves by letting someone go after keeping them for a year? Surely the normal course of action would be to plea bargain him to some minor crime that has a one year sentence, no fuss, everyone happy. There must be some nasty politics going on inside the prosecutor's office in which one prosecutor wanted to screw another one.

        • The Chief of Police at the time was and remains black. The Cook County State's Attorney was and remains black. The Mayor was and remains black.

          While race is an emotionally satisfying explanation for you, it is a distraction from the incompetence and indifference to humanity that led to Williams' incarceration. Or am I wrong here? Is there evidence for this specific case that'd point to a racial motive?

    • Exactly. Malicious prosecution lawsuit incoming in 3... 2... 1...
    • Re:Guilty (Score:5, Interesting)

      by Moridineas ( 213502 ) on Sunday August 22, 2021 @11:20AM (#61717525) Journal

      I don't understand how ShotSpotter comes into play here at all. The article says Williams picked up a passenger in the midst of rioting. According to Williams, as they were stopped at a stop light, another car pulled up, and the driver of that car shot into Williams' car, killing the passenger (the passenger had also been the target of a driveby some weeks before). Williams drove the passenger to a hospital. Passenger died.

      So how could ShotSpotter possibly make a difference? There was a shooting. It was in a car. It was either in the same car or from a neighboring car. Surely ballistics, blood spray, etc., could tell approximately as much. So, what possible role does Shotspotter play?

      It took 3 months for police to gather evidence, interrogate Williams, and then arrest him. It seems like something was going on in those 3 months, and it seems like we don't have enough details to know what went wrong. From what we do know, it certainly seems like a grievous error occurred.

      • It sounds to me like the police had to make it look like they were doing something, for political reasons most likely. Either way, this guy can easily sue for a few million.

      • Re:Guilty (Score:5, Insightful)

        by ArchieBunker ( 132337 ) on Sunday August 22, 2021 @11:35AM (#61717561)

        You could always read the fucking article.

        But the key evidence against Williams didn’t come from an eyewitness or an informant; it came from a clip of noiseless security video showing a car driving through an intersection, and a loud bang picked up by a network of surveillance microphones. Prosecutors said technology powered by a secret algorithm that analyzed noises detected by the sensors indicated Williams shot and killed the man.

        The most crucial part:

        The company’s methods for identifying gunshots aren’t always guided solely by the technology. ShotSpotter employees can, and often do, change the source of sounds picked up by its sensors after listening to audio recordings, introducing the possibility of human bias into the gunshot detection algorithm. Employees can and do modify the location or number of shots fired at the request of police, according to court records. And in the past, city dispatchers or police themselves could also make some of these changes.

        • Yes, that's just more from the article that doesn't seem to implicate Shotspotter at all in the decision-making process. My emphasis:

          But the key evidence against Williams didn’t come from an eyewitness or an informant; it came from a clip of noiseless security video showing a car driving through an intersection

          Not Shotspotter.

          and a loud bang picked up by a network of surveillance microphones. Prosecutors said technology powered by a secret algorithm that analyzed noises detected by the sensors indicated Williams shot and killed the man.

          This doesn't make any sense. Obviously there was a shot. Someone was shot and killed so there's no disputing that. It doesn't even seem to be in dispute that the shot was close, though my hackles go up when this AP article doesn't make any mention of any other physical evidence, etc. If I had to bet, I would bet there is more to the story. If the claim is that

          • "The key evidence came from video of a car driving through an intersection, and a loud bang picked up by acoustic sensors. Prosecutors said audio technology powered by a secret algorithm indicated Williams shot and killed the man inside his car. “I kept trying to figure out, how can they get away with using the technology like that against me?” said Williams. “That’s not fair.”

            Maybe 1) Shotspotter said the shot probably came from inside a closed space and from a probable locati

        • by flink ( 18449 )

          Employees can and do modify the location or number of shots fired at the request of police, according to court records. And in the past, city dispatchers or police themselves could also make some of these changes.

          So in other words, the company is incentivized to manufacture evidence at the behest of prosecutors because their contacts depend on showing ongoing effectiveness of the system while the "evidence" gets the patina of AI neutrality.

          • Just think of how many cases will have to be overturned or retried because of the cops tampering with evidence. You and me would be doing jail time for evidence tampering. But nothing will happen to the cops.

        • ShotSpotter employees can, and often do, change the source of sounds picked up by its sensors after listening to audio recordings

          Oh, I know how that works. When I was working in a warehouse, my company introduced a new performance analysis system to track all of our movements. Immediately everybody knew something was wrong when our best workers were getting 30% while slackers were getting 300%. The numbers were all over the place. Management told us not to worry, as all of the numbers were reviewed and "manually adjusted" after each shift to compensate for the type of job, equipment we were using, and number of breaks we were sup

      • by rsilvergun ( 571051 ) on Sunday August 22, 2021 @12:13PM (#61717625)
        to make the charges seem credible. They didn't find a gun or evidence he'd shot one. You need evidence to charge somebody, so they used this crap.

        Best part is the guy got COVID twice in jail, and now can't feed himself because he's got tremors can can't hold a spoon. He's gonna sue the city and somebody (i.e. the lawyer) is gonna walk away with a ton of money.

        What I'd really like to see is how much those lawsuits cost cities. I know that "Toughest Sherri f" asshole from Arizona cost his city something like $30 million before the voters got tired of paying for him to be a racist. But I'm pretty sure after the first $15 million they'd have kicked him to the curb if we talked about it more.
        • They didn't find a gun or evidence he'd shot one.

          Well, he is a bloke living in the USA, so of course he has got a gun. Doesn't everybody in the USA have at least one gun? Maybe he hid the gun. In that case, not finding a gun would be kind of suspicious on its own.

          Sorry, I am from the UK, where most people don't own guns, and I can't resist a dig at my American friends. You carry on now, and have a nice day.

          • Well, he is a bloke living in the USA, so of course he has got a gun.

            While there are enough privately-owned guns in the US for everyone to have one with a bunch to spare, they aren't evenly distributed. Some of us have a bunch. Others have none. It comes out to maybe half own or have access to a gun.

            Given the laws in play, not all that many law-abiding people are able to carry them as they go about their business. This varies from place to place - with the up-close-and-personal crime victimization rate

      • Maybe they thought he knew who the real shooters were and didn't want to talk for whatever reason. So they said if you won't talk, we'll prosecute you. Prosecutors in the USA use pressure tactics and plea agreements to force people to admit to crimes they didn't do, all the time. Plea agreements shouldn't be allowed anywhere.
        • by znrt ( 2424692 )

          maybe they knew the real shooters and he was just a scapegoat?

        • Plea agreements shouldn't be allowed anywhere.

          But what about the difference between a criminal who shows remorse, compared to one who does not? You plead guilty if you know you did wrong, and that should count in your favour when a penalty is decided. The really bad villains show no remorse, so get stiffer penalties. I agree that plea agreements can be abused by prosecutors, to just get an easy result, but I would not ban them altogether.

      • by sjames ( 1099 )

        It would be very far from the first time police or prosecutors claimed forensics could determine things well beyond their actual ability. It would also be far from the first time a detective took neutral evidence as supporting his theory because he was starting with a conclusion and working the "proof" backwards to the evidence.

      • I read elsewhere that in that 3 months humans updated [altered] the information in the ShotSpotter system to include changing the location of the microphone and changing the determination of the sound to match the time the crime occurred. Seems they forgot to wipe the red light camera that showed him running a red light some distance away as he was driving the passenger to the hospital.
        • The Slashdot summary and AP article both contain this line:

          ShotSpotter employees can, and often do, change the source of sounds picked up by its sensors after listening to audio recordings, introducing the possibility of human bias into the gunshot detection algorithm.

          "Changing the source"

          Perhaps it's just me that had trouble parsing that, but I first wondered if it meant what you suggested--that ShotSpotter changed where they claimed the microphone(s) were located--but I think it actually means that ShotSpotter is changing the calculated location of the source of the sound.

      • So, what possible role does Shotspotter play?

        It could guide a police investigation, without being presented as evidence in court. A crime has been committed, and the police are looking for suspects. They need to direct their efforts effectively, or they are just blundering about without a clue where to look. Once they start looking in the right places, they can get some evidence that will stand up in court, e,g. by interviewing suspects, and picking up forensics.

        Having said Shotspotter could have a role in proper police investigations, it looks like i

    • Because the judge ordered him held without bail. They had video evidence of him riding through a red light in the location they said the disputed shot rang out, the victim was killed in his car and he had been convicted for attempted murder and firing a weapon in anger before.

      https://chicago.suntimes.com/c... [suntimes.com]

      I suspect part of the problem is that people are too in love with absolutes and don't want to accept everything is Bayesian. The prosecutor tells shotspotter to turn something with lower certainty into

  • Police Are Telling ShotSpotter To Alter Evidence From Gunshot-Detecting AI [slashdot.org]: "testimony from ShotSpotter's favored expert witness[] suggests that the company's analysts frequently modify alerts at the request of police departments - some of which appear to be grasping for evidence that supports their narrative of events."
  • AI judges that would not dismiss evidence like that need to be implemented to prevent this from happening again. The machine never make mistakes, its humans that do.
  • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; n

    • by PPH ( 736903 )

      Where are the courts?

      Arguing about assault clips and shoulder things that go up.

      I suspect that if this evidence (ShotSpotter) was ever actually introduced in a hearing and the courts decided that there was no case, that would represent a public record. And a data point that such 'evidence' has limited value. They waited for the prosecutor to drop the case with no evidence presented. So the veracity of the AI stands unchallenged by this case.

    • To be honest, Grand Juries are half the problem.

      In a grand jury, theres no defence, there aren't really rules of evidence, or really anything. Its just a prosecutor convincing an empanelled jury that this guy probably did it, and here look at this dumb thing a qualified and experience judge would never allow in a courtroom. And so some poor fool ends up spending a year in the hole while the prosecutor faffs about trying to find evidence that an *actual* courtroom would find compelling.

      Combined with the utte

  • I would say the real issue is that it took a year for somebody to look at the evidence⦠i just do not understand how this can happen. In my country at least there needs to be a first review within a few days, then a more thorough second review within 14 days. I would assume the US has a similar arrangement?

    • They need to have sufficient evidence to press charges, then there would be a preliminary hearing relatively quickly that should require sufficient evidence to hold the person or set a bail amount.

      He should get some money out of this, although it is never enough.

    • I would say the real issue is that it took a year for somebody to look at the evidenceæ i just do not understand how this can happen. In my country at least there needs to be a first review within a few days, then a more thorough second review within 14 days. I would assume the US has a similar arrangement?

      You would assume wrong. Mostly because this sort of thing is covered by State laws, NOT Federal laws. Which means that there are 51 potentially different standards that might apply, dep

    • One major factor is that he was jailed during the pandemic. This has hit the courts in terms of the number of personnel working and so forth. Court hearings have been delayed in most places and large backlogs have been built up. Generally a court hearing is needed before anything substantial happens, no clerk seeing something odd has a power to change things.

    • The problem is the justice system, not the technology. All technology has limits. This is potentially useful, but only for generating leads it is not evidence. The justice system should have recognised that from the start. The person responsible needs to face charges for unlawful imprisonment and the victim needs to receive punitive compensation from the responsible organisations.

  • What I'd like to know is whether anybody bothered evaluating the other evidence at the scene (i.e. inside the car). Were gunshot residue, blood spatter, and entry wound consistent with a shot from inside the vehicle toward the passenger, or was it more in keeping with a shot from the outside as Williams claimed? It shouldn't have taken a damned year for that evaluation. And where was William's lawyer in this? If the cops were takiing their sweet time on the investigation, the lawyer should have been agitati
  • What ever happened to the right to a speedy trial?

  • Shotspotter is not a technology platform. It is an evidence manufacturing service.

    Luckily, every dismissal like this makes future dismissals more likely and easier to attain.

    • Luckily, every dismissal like this makes future dismissals more likely and easier to attain.

      I would not be happy if all high-tech police investigation methods were discredited, just because one vendor tampered with digital evidence. Many people who are brought to court on criminal charges are guilty, though not all of them, of course, or there would not be much point in arguing cases in law courts. I don't agree with a defence that discredits evidence just because it uses clever computer algorithms. I like the idea that the police can track down child molesters and terrorists, using modern compute

  • While this trend of flawed virtual intelligence is showing some huge bugs and biases. It is up to the judge, DA and cops to properly vet what they use as evidence. I'm not even sure if such matches if true are even legal, as I am not a lawyer.
    Both Judges and DA's are elected officials making them politicians, so they are motivated to seem tough on crime. They knowingly convict innocent people daily.
    Most cops have less training than my plumber, not to disparage but it's based in fact. How does such a blu

  • Shame on the police for being rubes enough to fall for this snake oil, yes, but I have nothing but pure contempt for the sleazebucket crooks who developed and marketed it to cops in the first place. May it all come back to them tenfold.

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