The Source of the Stink: A Private Delegation Framework for Recidivism Risk Assessment

46 Pages Posted: 10 Mar 2019

See all articles by Andrea Nishi

Andrea Nishi

Columbia University, Law School, Students

Date Written: January 22, 2019

Abstract

This paper explores the use of privately developed risk assessment algorithms in criminal sentencing, arguing that these tools are developed in a way that hinders the enforcement of constitutional protections and gives private algorithm developers undue influence in sentencing determinations. Using the private delegation doctrine, which limits Congress's ability to delegate to private actors, the paper aims to strengthen the state statutory frameworks that govern the use of these tools to restore accountability to the sentencing process.

Keywords: risk assessment, sentencing, recidivism, machine learning, private delegation, delegation, State v. Loomis

Suggested Citation

Nishi, Andrea, The Source of the Stink: A Private Delegation Framework for Recidivism Risk Assessment (January 22, 2019). Available at SSRN: https://ssrn.com/abstract=3335946 or http://dx.doi.org/10.2139/ssrn.3335946

Andrea Nishi (Contact Author)

Columbia University, Law School, Students ( email )

435 West 116th Street
New York, NY 10025
United States

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