Risk by Code: How algorithms are deciding prison sentences

OP / ED

U.S. courts are increasingly using algorithms to assess the risk of repeat offenses, including in decisions about parole and sentencing length. One of the most well-known and controversial systems is COMPAS. In 2016, the Wisconsin Supreme Court refused to recognize COMPAS as a violation of human rights, even though its code is closed and internal parameters cannot be reviewed.

The ruling allowed the system to be used but not as the sole basis for sentencing. However, this decision sparked widespread criticism. It raised concerns about the transparency and logic of risk assessment. Studies showed that Black defendants, for example, were more often automatically classified as “high risk,” even without prior offenses.