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Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool
Loaded on Feb. 14, 2019
by Virginia Griese
published in Criminal Legal News
March, 2019, page 39
Filed under:
Bail.
Location:
California.
by Virginia Griese
An individual’s liberty may soon be in the hands of technology.
Pretrial risk-assessment algorithms will replace the cash bail system in California, thanks to S.B. 10, the new bail reform law signed by Governor Jerry Brown effective in October 2019.
Pretrial …
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More from this issue:
- Jurors Showing More and More Savvy Toward Trial Evidence, by Edward Lyon
- News in Brief
- Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct, by Derek Gilna
- Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions, by Dale Chappell
- NYPD Gang Database Lacks Transparency, Limits Due Process, by Kevin Bliss
- $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
- Study: Racial Bias Inherent in the Jury Selection Process, by Kevin Bliss
- Agencies: Bite-mark Forensics Outdated Science, by Kevin Bliss
- Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool, by Virginia Griese
- San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center
- New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback, by Betty Nelander
- Facebook Tells Law Enforcement to Quit Using Phony Accounts, by Dale Chappell
- ‘Ban the Box’ Movement Expands in New Direction, by Edward Lyon
- Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison, by Edward Lyon
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can, by Dale Chappell
- Police Use of ‘Undercover Friending’ Investigative Technique Unregulated, by Kevin Bliss
- Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard, by Chad Marks
- Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury, by Christopher Zoukis
- Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions, by Edward Lyon
- Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, by Punch & Jurists
- Bronx Prosecutors Trained to Manipulate System to Delay Trials, by Matthew Clarke
- Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics, by Matthew Clarke
- SCOTUS Clarifies Scope of Generic Burglary Under the ACCA, by Richard Resch
- Report: Wisconsin Crime Labs Face Multitude of Problems, by Edward Lyon
- Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit, by Douglas Ankney
- Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause, by Douglas Ankney
- Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement, by Douglas Ankney
- Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing, by Christopher Zoukis
- Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case, by Matthew Clarke
- Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation, by Mark Wilson
- Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing, by Matthew Clarke
- Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense, by Richard Resch
- Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment, by David Reutter
- SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act, by Douglas Ankney
- Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop, by Christopher Zoukis
- Louisiana Supreme Court Vacates Conviction for Batson Violation, by Christopher Zoukis
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, by Matthew Clarke
- Minnesota Supreme Court Holds Sentencing Guidelines at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score, by Matthew Clarke
- Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception, by David Reutter
- Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment, by Punch & Jurists
- California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional, by Douglas Ankney
- Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases, by Richard Resch
- U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence, by Steve Horn
- Cops Are At War Out There, by Brian Platt, Jacobin
- New York Mass Bail Out Action Targets Bail System Manipulation, by Virginia Griese
- From the Editor, by Richard Resch
More from Virginia Griese:
- Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool, Feb. 14, 2019
- New York Mass Bail Out Action Targets Bail System Manipulation, Feb. 14, 2019
- Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns, Jan. 18, 2019
- Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution, Jan. 18, 2019
More from these topics:
- Texas Lawmakers Restrict Bail and Raise Criminal Penalties, Punt on Prison and Jail Conditions, Aug. 1, 2025. Bail, Failure to Make Findings or Articulate Reasons, Competence of Defendant.
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025. Bail, Bail Bonds, Pretrial Detention and Detainees.
- Cuyahoga County Judges Vowed to Reform the Bail System. Here’s What Happened., Feb. 15, 2025. Prison Reform, Bail, Bail Bonds.
- Colorado Law Creates “Rebuttable Presumption” Against Incarcerating Pregnant Women, June 1, 2024. OB/GYN, Bail, Alternative Sentencing, Mothers in Prison, Bail/Pretrial Release, Pending Appeal/Sentencing.
- Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute, May 15, 2020. Bail, Pending Appeal/Sentencing.
- Court Grants Bail to Ex-Peruvian President Challenging Extradition Due to Solitary Confinement, March 4, 2020. Bail.
- Court Rulings Condemning Cash Bail Systems Increasing, Feb. 19, 2020. Bail, Bail Bonds.
- Exonerated Kentucky Man’s High Bail Prevented His Release for Six Years, Feb. 4, 2020. Release and Reentry, Bail, Bail Bonds.
- High Bail Amounts Lead to Sharp Increase in Franklin, PA, Jail Population, Nov. 18, 2019. Crime/Demographics, Statistics/Trends, Bail, Bail Bonds.
- Second Circuit Clarifies Conditions for Releasing a Defendant on Bail to Home Detention With Private Armed Security Guards, Nov. 16, 2019. Bail.
