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Paper · arXiv

The Imperishable Record, Forgiveness, and the Future of Criminal Justice

Digital technologies can preserve records of wrongdoing indefinitely, and AI can give those records continuing influence over a person's future. We describe this condition as the eternal data present and argue that it threatens the possibility of forgiveness. In criminal justice, formal punishment has an end, whereas the harms caused by the continued use of criminal records may not. Drawing on Hegel's account of the "hard heart" and Arendt's account of the irreversibility of action, we distinguish two dangers that digital systems can combine. People may be permanently identified with what they have done, and acts that cannot be undone may continue to determine what happens to them. We pro...

AuthorsMark Fenwick, Paulius Jurcys, Sebastian Porsdam Mann
Primary categorycs.CY
Published11 October 2026
Last updated at source11 October 2026
cs.CYcs.AI
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