The Risk Assessment Algorithm Controversy in the Criminal Justice System
The risk assessment algorithm, such as the COMPAS, is designed with the intention to reduce incarceration and racial disparities. However, despite a great national effort to decrease the incarceration rate, the effect is not as desirable as we expect to see. Over the last decade, the fast increasing total prison population has finally come to a stop, but it only decreases 3%, comparing the number in 2016 to the number in 2008.
While there are many issues that lead to mass incarceration, the inconsistency of sentencing given by judges is one factor. As Tali Weinstein, the General Counsel of the Kings County District Attorney’s Office mentioned in the class, she witnessed a judge gave totally different sentences to two defendants who committed exactly the crime only because the judge forgot what he previously sentenced.
One partially implemented solution to tackle such inconsistency is to use the risk assessment algorithm to assist judges to make decisions. Such algorithms weight defendants’ socioeconomic status, criminal history, and other factors to produce scores that judges can use as a reference. However, many activists oppose such algorithms to be used in the court, worrying that they will increase racial disparities.
Main challenges are (Kehl et al, 2017):
1. Opacity: the score production process is unknown the judges nor to the public.
2. Bias and lack of reliability: several reports have pointed out the accuracy of such algorithms is questionable.
The solutions to these challenges are:
1. Transparency: both legal and technical “rationale” of the algorithm should be totally transparent.
2. Accountability and oversight: continuous monitoring and evaluation of the algorithms should be employed.
Reference:
Kehl, Danielle, Priscilla Guo, and Samuel Kessler. 2017. Algorithms in the Criminal Justice System: Assessing the Use of Risk Assessments in Sentencing. Responsive Communities Initiative, Berkman Klein Center for Internet & Society, Harvard Law School.
