Community Corner
How Defense Attorneys Are Adapting to Algorithmic Risk Assessments
The growing utilization of algorithmic risk assessment tools in criminal justice has transformed how courts evaluate defendants.
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The growing utilization of algorithmic risk assessment tools in criminal justice has transformed how courts evaluate defendants, from bail to sentencing. These computer programs, employing statistics to predict recidivism or flight risk, claim to be impartial but hold intrinsic biases that disproportionately target marginalized populations. Defense attorneys are now dealing with this new reality, balancing skepticism of flawed systems with the need to protect the rights of their clients. Below are three ways legal professionals are adapting in the age of algorithmic justice.
1. Transcending the “Black Box” of Algorithmic Transparency
Most risk assessment tools are proprietary systems that shield their data sources and processes from audit. Defense attorneys demand greater transparency, arguing that defendants are entitled to review and dispute evidence against them. For example, an algorithm might assign more weight to factors like zip code or previous arrests, further penalizing low-income neighborhoods or over-policed areas.
Lawyers seek motions to compel disclosure of how these tools calculate scores and whether the information comprises real and up-to-date facts. For example, an algorithm could label a defendant “high risk” based on outdated arrest records that were never pursued to a conviction. Defense lawyers expose these weaknesses as arguments against using predictions of questionable validity, urging judges to prefer the value of human judgment over cold and calculated calculations.
2. Humanizing Clients to Counterbalance Algorithmic Coldness
Risk assessments reduce individuals to data points, often disregarding contexts like rehabilitation efforts, mental health conditions, or community support. Defense lawyers fight back by constructing narratives highlighting their clients’ humanity. For instance, a criminal defense attorney in the Woodlands can present proof of a defendant’s stable employment, family responsibilities, or volunteerism, traits most algorithms ignore.
This strategy is critical during plea bargaining or sentencing hearings. Although an algorithm might mark a defendant as “high risk” due to a past drug charge, a lawyer can point to their client’s successful rehabilitation program completion or mentorship roles within the community. Through reframing, attorneys minimize the effect of algorithmic predictions and battle for individualized justice.
3. Employing Ethical and Legal Rhetoric to Create Precedent
As courts grapple with algorithms’ roles, defense attorneys are leading the charge against legal challenges. They reference studies demonstrating racial discrimination in risk scores or highlighting due process violations. In some jurisdictions, judges are even mandated to explain deviations from algorithm-based recommendations, thereby creating pathways for appealing sentences based on biased data.
Ethical concerns also fuel advocacy efforts. Lawyers are collaborating with data analysts to examine risk assessment algorithms and how seemingly neutral factors, such as a person’s work history, can mask deep-rooted biases. In response, some public defenders’ offices train attorneys to recognize and address these biases, equipping them with expert witnesses who can testify regarding the limitations of these tools.
Endnote
Algorithmic risk assessments are revolutionizing criminal justice, but defense attorneys are by no means passive onlookers. By demanding transparency, humanizing clients, and challenging moral flaws, they ensure that technology does not overshadow justice. While tools like these claim to minimize the influence of human bias, in practice, they enhance it, making the role of a skilled attorney more critical than ever.
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