CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, September 2, 2020

"Pretrial Risk Assessment Is Biased And Indefensible"

From Law360, via the NACDL's News-of-Interest:

The Conference of Chief Justices, an organization of the highest-ranking judges and justices in the nation, sits at the crux of a major fight that looms regarding the continuing use of pretrial risk assessment tools in our criminal justice system. The organization's stated policy supporting its use is perplexing and has become increasingly difficult to defend.

Evidence is mounting that these algorithms actually harm defendants, even as chief justices in more than 20 states aggressively advocate for their adoption. Many county jurisdictions in nearly every state already utilize risk assessment in some form or another. On the federal level, it has been nearly fully implemented in every district across the country.

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