Just Algorithms

Using Science to Reduce Incarceration and Inform a Jurisprudence of Risk

Christopher Slobogin

• Publisher: Cambridge University Press
• Year: 2021
• Print ISBN:
  9781108833974
• eBook ISBN:
  9781108996105
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.

Table of contents

• Cover
• Half-title page
• Title page
• Copyright page
• Contents
• Preface: The Point of This Book
• 1 Rationale: What Risk Algorithms Can Do for the Criminal Justice System
• 2 Fit: Why and When Data about Groups Are Relevant to Individuals
• 3 Validity: Figuring Out When Risk Algorithms Are Sufficiently Accurate
• 4 Fairness: Avoiding Unjust Algorithms
• 5 Structure: Limiting Retributivism and Individual Prevention
• 6 Moving Forward: The Need for Experimentation
• Index