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Michael Brenner, Jeannie Suk Gersen, Michael Haley, Matthew Lin, Amil Merchant, Richard Jagdishwar Millett, Suproteem K. Sarkar & Drew Wagner, Constitutional Dimensions of Predictive Algorithms in Criminal Justice, 55 Harv. C.R.-C.L. L. Rev. 267 (2020).

Abstract: This Article analyzes constitutional concerns presented by the use of risk-assessment technology in the criminal justice system, and how courts can best address them. Focusing on due process and equal protection, this Article explores avenues for constitutional challenges to risk-assessment technology at federal and state levels and outlines how instruments might be retooled to increase accuracy and accountability while satisfying constitutional standards.