April 2021 Bar Bulletin
By Jeffrey J. Clayton
(First of Two Parts)
Pushback against the use of computer-based risk predicting algorithms in the criminal justice system is gaining momentum despite the fact that these tools are still in use at every stage of the criminal justice process.1
Implemented on a cradle-to-grave basis, these algorithms tell the police where to go and determine who gets bail, while setting conditions of release, sentencing, probation and parole. In juvenile court, special risk assessments attempt to predict the future behavior of young offenders.
As UC Berkeley law professor Rebecca...