Algorithms assistive decision-making in the criminal courts of the USA

Source: Academia.edu


Since 2012, the US justice system has been using predictive justice algorithms to assess risk of reoffending, pre-sentence deliberation, bail and bail applications. These algorithms were developed in the 1990s.

However, the use of this predictive justice in the United States since 2012 has raised serious concerns among many legal professionals and academics.

These concerns relate to:

  • A lack of transparency in the algorithms (Black laws, 2018; Brauneis & Goodman, 2018);

  • A lack of bias in algorithms (Angwin, et al, 2016; Kirkpatrick, 2016);

  • An increase in segregation (Christin, Rosenblat & Boyd, 2015);

  • An impairment of the legitimacy, fairness and integrity of justice (Citron, 2016).


In his article, author Abdul Malek (Judicial Officer, Bangladesh Judicial Service) focuses on the procedural legitimacy of the use of predictive algorithms in the US judicial system.


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