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Full-Text Articles in Law

Constructing Recidivism Risk, Jessica M. Eaglin Jan 2017

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …


Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin Jan 2017

Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.