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Reconstructing Explainability in Predictive Policing - From Outcome-Oriented XAI to Democratic Control of Input Data -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(3), pp.195~216
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : August 10, 2026
  • Accepted : August 22, 2026
  • Published : August 31, 2026

Kang Sun 1

1수원과학대학교

Accredited

ABSTRACT

Predictive policing is a technology that enhances the efficiency of police operations by using artificial intelligence to predict areas or targets with a high likelihood of crime. However, this technology faces limitations in securing democratic legitimacy and public trust due to issues such as algorithmic opacity, bias, and unclear accountability. Recently, Explainable Artificial Intelligence (XAI) has been proposed as a solution to these issues; however, current XAI focuses solely on technical explanations of the premises underlying the results derived by the algorithm, while failing to include the selection process of the input data and variables that form the basis of those results within the scope of its explanations. Focusing on these limitations, this study presents a theoretical rationale for expanding the scope of explainability from the algorithm’s inference stage to the input stage. To this end, by examining Tim Miller’s concept of explanation, Foucault’s concepts of power-knowledge and temporal governmentality, and Habermas’s concept of democratic discourse, this study argues that the selection of data and variables used in predictive policing is not merely a matter of technical design but a process involving social and political value judgments, and that it must therefore be subject to democratic oversight and social legitimacy. Based on this, this study proposes the concept of “input explainability,” which extends the scope of XAI to the input stage.........

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