Judges and Algorithms: Navigating Risk Assessment in Pretrial Decisions

The Complexity of Algorithmic Risk Assessment in the Bail System

Recent research by Sino Esthappan, a graduate student at Northwestern University, delves into how algorithms are reshaping the bail system in U.S. courts. Rather than a simplistic narrative of humanity clashing with technology, Esthappan's findings illustrate a more intricate relationship that raises critical questions about the fairness of pretrial risk assessments.

Understanding Algorithmic Risk Assessments

Risk assessment algorithms have been implemented across hundreds of counties in the U.S. to evaluate the likelihood that a defendant will return to court or cause harm if released. By leveraging a wealth of past cases, these tools aim to assist judges in making more informed decisions. However, some systems may inadvertently perpetuate existing biases within the judicial framework.

Judges' Responses to Risk Scores

Esthappan’s research, which involved extensive interviews with over 27 judges, uncovered that risk assessment scores are not uniformly accepted or rejected. Judges weigh these scores against their moral perspectives and the specific nature of the crimes involved.

The Selective Use of Algorithmic Scores

• Judges utilize algorithmic tools primarily in lower-stakes cases to expedite decision-making.
• Many voice skepticism towards ratings for serious charges like sexual assault, fearing that the algorithms may not fully capture potential dangers.
• Judicial efficiency in rapid sessions of pretrial hearings often necessitates reliance on these automated scores.

The Implications of Bias

Critically, Esthappan's study indicates that reliance on algorithmic tools may not eliminate bias; rather, it might entrench it. For instance, the algorithms rely on historical data which can reflect systemic biases in enforcement and sentencing.

Concerns About Racial Profiling and Effectiveness

Concerns include:

• These risk tools can reproduce racially driven patterns from historical data, leading to racial profiling.
• A 2016 investigation by ProPublica revealed that one algorithm in Broward County incorrectly labeled individuals, disproportionately affecting Black defendants.

Judicial Discretion and Accountability

Esthappan notes that judges often utilize risk scores to shift accountability away from themselves, allowing them to justify controversial decisions.

Potential for Discretionary Expansion

This raises concerns over:

• Whether pretrial risk scores genuinely reduce biases or merely enable existing prejudices.
• The possibility that judges are using these scores to reinforce punitive measures rather than to promote fairness and equity.

Broader Concerns on Pretrial Detention

Central to the discussion is whether pretrial detention should even exist in its current form. Many argue that using risk assessments still doesn't address the core issues surrounding pretrial processes and justice.

Rethinking Judicial Processes

The fundamental question remains:

• Should judicial systems rely on flawed data and algorithms when assessing someone's freedom?
• Could there be deeper structural problems that algorithms cannot rectify?

Conclusion

As technology continues to permeate the criminal justice sphere, it's imperative to evaluate how well these tools function and their implications on bias and fairness. The story of algorithms in the courtroom is not merely about technological advancement but rather an opportunity for reflective change within an imperfect system.

References

• The Verge
• ProPublica