Do Risk Assessments Have a Place in the Criminal Justice System?

 Posted on September 11, 2014 in Criminal Defense

According to a recent article published by the Pekin Daily Times, predicting future risk within the context of the criminal justice system has gotten significant attention lately. As described in the article, the concept of predictive analytics involves taking information from a large amount of data in order to identify patterns and make future predictions. While not always 100 percent accurate, the process does reveal information about the future that is somewhat reliable. The practice of predictive analysis is typically used in the business world, in making military decisions, and in scientific study. Now, it seems to also be leaking into the criminal justice system, which may not be a good thing.

Risk Assessments at Sentencing

U.S. Attorney General Eric Holder recently gave a speech in which he stated his position on using risk assessments at the sentencing of criminal defendants: he does not think it is a good idea. Holder went so far as to caution against such use, saying his concern is that doing so has the potential of seriously undermining efforts at individualized and equal justice. Equal justice, he said, can only be achieved using an individualized approach that takes the particular defendant, along with the crime committed, into consideration.

While risk assessments may not be commonly used in the context of criminal sentencing, similar models have been used for a long time when making parole decisions. Using reductive analytics in the context of the later part of punishment, Holder says, is not as dangerous as using it in front-end applications like in initial sentencing decisions. There is a need to ensure that doing so will not have unintended consequences.

Despite the warnings, several states, including the state of Illinois, have begun employing the use of risk assessment tools within their criminal justice systems. One of the supposed benefits some states say they are gleaning from sentencing defendants based on risk factors is to decrease their prison population. However, the danger in doing so remains that these states risk imposing very different sentences on defendants for similar crimes. Holder and the U.S. Department of Justice reportedly requested the U.S. Sentencing Commission to take an in-depth look at the use of predictive analysis in sentencing and to issue policy recommendations based on their findings.

Criminal Defense Attorney

If you or someone you know has been charged with a crime in the Chicago area, it is important to consult with an experienced Cook County defense attorney about your case as soon as possible. The Law Offices of Christopher M. Cosley are prepared to represent clients in many types of criminal matters in both DuPage and Cook County, including through the sentencing phase of the criminal process. Please feel free to contact us today to schedule a consultation in our Rolling Meadows office.