A researcher interviewed more than two dozen judges to learn about how they use algorithmic risk scores to determine when to let defendants out of jail before trial.
When Northwestern University graduate student Sino Esthappan began researching how algorithms decide who stays in jail, he expected “a story about humans versus technology.” On one side would be human judges, who Esthappan interviewed extensively. On the other would be risk assessment algorithms, which are used in hundreds of US counties to assess the danger of granting bail to accused criminals.
Some judges believed the systems underestimated the importance of certain red flags — like extensive juvenile records or certain kinds of gun charges — or overemphasized factors like an old criminal record or low education level. “Many judges deployed their own moral views about specific charges as yardsticks to decide when risk scores were and were not legitimate in the eyes of the law,” Esthappan writes. Some judges also said they used the scores as a matter of efficiency.
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