Wisconsin: Risk-Prediction Software (With Conditions) Does Not Violate Due Process in Sentencing

Risk-prediction programs that utilize an algorithm to assess the possibility of recidivism do not violate due process as long as they are used with other methods to determine sentencing 

State v. Loomis, 2016 BL 224113, Wis., No. 2015AP157-CR, 7/8/16.

   The Wisconsin Supreme Court held that risk-assessment software did not violate a defendant’s due process rights during sentencing. While the court recognized some of the defendant’s claims as being legitimate, such as the potential that these programs have for disproportionately classifying minorities as risky, the court still was unwilling to scrap the existing program entirely. Instead, the court approved the continued use of the software, but only as long as it was used in conjunction with other factors in determining sentencing. Additionally, the court ordered that an advisement listing the limitations of the software be circulated to judges performing sentencing hearings.

http://www.bloomberglaw.com/public/document/State_v_Loomis_No_2015AP157CR_2016_BL_224113_Wis_July_13_2016_Cou.