Just Algorithms: Using Science to Reduce Incarceration and Inform a Jurisprudence of Risk

Statistically-derived algorithms used to assess the risk of reoffending by criminal defendants have been criticized as racist and de-humanizing. Just Algorithms argues that properly regulated risk assessment tools can safely and humanely dismantle the jail and prison complex, provide leverage for curtailing draconian sentences, and develop principles for governing the criminal justice system's consideration of risk.

Format: Paperback / softback
Length: 240 pages
Publication date: 29 July 2021
Publisher: Cambridge University Press

Statistically-derived algorithms, widely adopted by many jurisdictions in an attempt to assess the risk of reoffending among criminal defendants, have faced widespread criticism as racist, de-humanizing, and antithetical to the fundamental principles of criminal justice. In his book, "Just Algorithms," author Christopher Slobogin challenges these attacks, arguing that properly regulated risk assessment tools can play a vital role in safely and humanely dismantling our vast jail and prison complex.

The book delves into the workings of risk algorithms, the legal questions they should address, and the criteria for evaluating their fairness and respect for human dignity. It also highlights how risk assessment instruments can be used to advocate for reducing draconian prison sentences and the plea-bargaining system that perpetuates them. Slobogin's insightful analysis aims to establish principles that should guide the criminal justice system's consideration of risk in both pretrial and sentencing contexts.

One of the key arguments presented in the book is that risk algorithms are not inherently biased or discriminatory. Instead, the problem lies in their implementation and the lack of transparency and accountability in their use. Slobogin advocates for robust regulations and oversight mechanisms to ensure that risk assessment tools are developed, tested, and used in a fair and impartial manner. He suggests that these tools should be based on objective data and evidence, rather than subjective judgments or stereotypes.

Furthermore, Slobogin emphasizes the importance of considering the broader societal implications of risk assessment tools. He argues that the overreliance on incarceration as a solution to crime has led to overcrowding, inadequate healthcare, and social and economic marginalization of marginalized communities. By using risk assessment instruments to prioritize rehabilitation and community-based programs, we can create a more just and effective criminal justice system that focuses on addressing the root causes of crime and promoting public safety.

Another critical aspect of the book is its exploration of the role of race and ethnicity in risk assessment algorithms. Slobogin argues that these tools can perpetuate biases and discrimination, particularly if they are not developed and tested with diverse populations in mind. He suggests that risk assessment instruments should incorporate measures that account for factors such as socioeconomic status, education, and community support, which can have a significant impact on a defendant's risk of reoffending.

In conclusion, "Just Algorithms" offers a comprehensive and nuanced analysis of the role of risk assessment tools in the criminal justice system. By challenging the misconceptions and criticisms surrounding these tools, Slobogin provides a valuable contribution to the ongoing debate about criminal justice reform. His book advocates for the proper regulation and oversight of risk assessment instruments, emphasizing their potential to promote fairness, reduce incarceration, and foster a more just and effective criminal justice system.

Weight: 282g
Dimension: 152 x 228 x 14 (mm)
ISBN-13: 9781108984348