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I think the whole Basilisk concept is fundamentally based in the very human ideas of revenge and punishment. I doubt that an AI would think it productive to torture people for having done things in the past that cannot be retroactively fixed or "atoned" for.
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We lock a murderer up for years and decades in any case. An AI that can predict with reasonable certainty whether a murderer will kill again or whether the incident was an unique outlier wouldn't have to incarcerate a person extremely unlikely to become criminal again.
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