Parsing Through Predictions

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Abstract/Contents

Abstract
Can algorithms send us to jail? This research analyzes the role predictive algorithms play in sorting defendants in and out of custody. Specifically, it investigates the Santa Clara County pretrial risk assessment instrument and how judges and legal professionals interpret its scores to make pretrial decisions. Are risk assessment scores the primary determinants of pretrial decisions or just consulted as supplementary information? Moreover, how much do judges trust the information from risk assessment tools given their history of racially prejudiced training data and scores? 14 interviews with legal professionals in Santa Clara County and Orange County were conducted to tackle these questions. After the analysis, a hierarchy of information became apparent whereby some forms of information had more bearing on a judge's decision than risk assessment scores. Judges prioritize information in the following order: 1) Swing facts or improvements to a defendant's behavior or lifestyle had the most bearing on pretrial decisions. They have the potential for judges to go against pretrial services recommendations. 2) Simple facts about a defendant's case such as, how many failures to appear, were very indicative of a defendant's future behavior for a judge. They are the most reliant forms of information for judges. 3) Lastly, risk assessment scores or indicators that aggregate the aforementioned facts into a number or score are consulted. These are treated as supplemental and somewhat nebulous forms of information on which to base a decision. Overall, the risk assessment score was not the determining factor for pretrial custody decisions. I make a call for algorithmic literacy, weeding out factors and algorithmic transparency to make risk assessment scores more useful for pretrial decisions.

Description

Type of resource text
Date created June 1, 2019

Creators/Contributors

Author Williams, Zora
Advisor Angèle Christin
Degree granting institution Stanford University, Program in Science Technology and Society

Subjects

Subject risk assessment tools
Subject risk assessment scores
Subject pretrial decisions
Subject judges
Subject predictive algorithms
Subject courts
Subject justice
Subject judicial discretion
Subject Science Technology and Society
Genre Thesis

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User agrees that, where applicable, content will not be used to identify or to otherwise infringe the privacy or confidentiality rights of individuals. Content distributed via the Stanford Digital Repository may be subject to additional license and use restrictions applied by the depositor.
License
This work is licensed under a Creative Commons Attribution 3.0 Unported license (CC BY).

Preferred citation

Preferred Citation
Williams, Zora. (2019). Parsing Through Predictions: A Critical Analysis of the Credibility and Application of Pretrial Risk Assessment Scores. Unpublished Honors Thesis. Stanford University, Stanford CA. Available at https://purl.stanford.edu/hj402wb7969.

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Stanford University, Program in Science, Technology and Society, Honors Theses

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