#NYT X WORD SEP 22017 SOFTWARE#
For example, software engineer Julia Dressel and digital-forensics scholar Hany Farid concluded that a popular RAI was “no more accurate or fair than the predictions of people with little to no criminal justice expertise.” 14 Dressel & Farid, supra note 11, at 3.Īmid the crossfire between empiricists, another line of criticism has emerged. In addition to these concerns about objectivity, critics also raise doubts about the accuracy of RAIs more generally. Critics point to studies showing that RAIs falsely identify Black men as future criminals at twice the rate that white men are falsely identified. Critics argue that, rather than avoiding the subjectivity of human discretion, RAIs codify and veil the biased judgments and data on which they base their statistical analyses. 11 See, e.g., Julia Angwin, Jeff Larson, Surya Mattu & Lauren Kirchner, Machine Bias, ProPublica (May 23, 2016), Julia Dressel & Hany Farid, The Accuracy, Fairness, and Limits of Predicting Recidivism, 4 Sci. In fact, a sizable body of literature challenges RAIs’ promises of scientific objectivity and accuracy.
10 Id.ĭespite their potential benefits, RAIs have not been immune to criticism. Proponents also argue that RAIs promote accuracy and equality by providing judges with objective, statistically supported information to guide their subjective risk assessments.
At the same time, RAIs reveal which individuals are less likely to commit crimes in the future, allowing judges to recommend more lenient sentences for these offenders. Proponents argue that RAIs can decrease crime by helping judges effectively identify-and thus separate-the most dangerous individuals from the general population. Chanenson, Follow the Evidence: Integrate Risk Assessment into Sentencing, 23 Fed. RAIs, if accurate and used correctly (two big ifs), could make huge advances toward a more effective, accurate, and equal criminal justice system. Such a result is inconsistent with centuries of criminal justice doctrine regarding the punishment of youth and may well frustrate contemporary advancements in criminal justice policy. Doleac, Algorithmic Risk Assessment in the Hands of Humans, SSRN 3–4 (Apr. The popularity of RAIs, however, belies their problematic consequences: RAIs have the perverse effect of imposing longer sentences on young offenders than on older offenders for the same conduct. 4 See infra notes 24–28 and accompanying text. Many jurisdictions have already adopted RAIs for one or more of these purposes, and the evidence suggests that more are likely to follow. These tools are now used across the criminal justice system-informing decisions about bail, the length and nature of the sentence, and parole. These tools are also commonly referred to as “risk assessment tools,” “actuarial risk assessments,” or simply “risk assessments.” Developed from the crude psychological assessments of the 1930s, RAIs use actuarial science to calculate the likelihood of an individual committing a crime in the future. 205, 205 (2015) (“e are already in the risk assessment era.”). Starr, The Risk Assessment Era: An Overdue Debate, 27 Fed. Risk assessment instruments (RAIs) are becoming increasingly influential in courtrooms throughout the country. It argues that, as currently designed and implemented, RAIs both contradict longstanding and widespread views about the proper role of youth as a factor in punishment and undermine efforts to craft proportionate sentences consistent with principles of justice and modern social science. Not only is youth undoubtedly the most powerful risk factor in most RAIs, but youth also holds a special place in the criminal justice system as a “mitigating factor of great weight.” This Comment presents the first in-depth critique of RAIs with respect to their treatment of youth. Although this sentencing practice has been met with a wide variety of scholarly criticism, there has been virtually no discussion of how RAIs treat youth as a strong factor contributing to a high risk score. In front of each clue we have added its number and position on the crossword puzzle for easier navigation.States are increasingly adopting risk assessment instruments (RAIs) to help judges determine the appropriate type and length of punishment for an offender.
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