Public’s views of risk assessment algorithms and pretrial decision making

Bibliographic Data

ID12434682
AuthorsNicholas Scurich (0000-0001-6370-9189, University of California, Irvine, corresponding author), Daniel A Krau (0000-0002-4144-800X, Claremont McKenna College)
Year2019
Volume26
Issue1
Pages1-9
Publication date2019-12-05
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenuePsychology Public Policy and Law (JOURNAL)
Journal identifiersISSN: 1076-8971 • E-ISSN: 1939-1528
PublisherAmerican Psychological Association (PUBLISHER • US)
DOI10.1037/law0000219
OpenAlexW2993938946
LanguageEN
Citations received7
References cited9

Risk assessment algorithms are increasingly–and controversially–being used to inform whether criminal defendants are released or held in custody prior to their adjudications. A representative sample of Californians (n=420)–the most recent state to consider eliminating cash bail and adopting an algorithmic approach to pretrial detention–was used to assess public knowledge and general support for the new law. The sample evidenced limited awareness of bail reform, was mixed in support of change to the current system, and believed that an algorithm would augment rather than decrease racial and socioeconomic disparities. In terms of actually implementing a risk assessment algorithm for the purpose of pretrial decision making, it is ultimately a decision maker who must apply a decision threshold and determine whether a given risk level is sufficient to occasion a particular course of action (e.g., deny pretrial release). The sample was also queried about their pretrial decision thresholds. The average respondent’s decision threshold for “low risk” (or pretrial release) was 33%, indicating a 33% or less likelihood of failing to reappear or committing a new crime was tolerable, and 60% for “high risk” (or confinement), indicating a likelihood of 60% or greater of failing to reappear or committing a new crime was acceptable to deny a defendant release. Incorporating the public’s values into the decision-making process is likely to promote the legitimacy of the use of risk assessment algorithms in the criminal justice system more generally

Algorithm · Computer security · Risk assessment · Computer Science · Crime Patterns and Interventions · Criminal Justice and Corrections Analysis · Psychopathy, Forensic Psychiatry, Sexual Offending

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