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Articles 1 - 4 of 4

Full-Text Articles in Law

Constructing Recidivism Risk, Jessica Eaglin Nov 2017

Constructing Recidivism Risk, Jessica Eaglin

AI-DR Collection

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 interests that …


Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick Jan 2017

Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick

Faculty Publications

No abstract provided.


Corpus Linguistics And The Criminal Law, Carissa B. Hessick Jan 2017

Corpus Linguistics And The Criminal Law, Carissa B. Hessick

Faculty Publications

This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.


Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa B. Hessick Jan 2017

Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa B. Hessick

Faculty Publications

Review of Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Daniel S. Medwed ed., Cambridge University Press 2017).