
The Pennsylvania Commission on Sentencing is considering a “risk assessment” tool, which, according to social justice activists, would reinforce existing bias in the criminal justice system. But the tool’s designers say it would give judges more data to base sentencing decisions on as opposed to primarily relying on uniform guidelines.
How would the “risk assessment” tool work? Say you’re facing a criminal charge. In addition to the usual information about your present and past — as in the crime for which you are on trial and your prior record, if any — the judge also has a report trying to predict your future. On a scale from 0 to 18 points, an algorithm has indicated how likely you are to reoffend, based on data about recidivism rates.
If you’re male, you get one point instantly. You also accumulate points based on your age. Anyone under 21 gets five points. Those between 21 and 25 get four. The points lessen as birthdays go by until age 49 at which point a defendant would receive no additional points based on age.
The other points would be decided by the nature of the current offense and past convictions.
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