Sentencing judges may take into account algorithms that score offenders based on their risk of committing future crimes, Wisconsin’s high court ruled on Wednesday.
The Wisconsin Supreme Court, in a unanimous ruling, upheld a six-year prison sentence for 34-year-old Eric Loomis, who was deemed to be high risk of re-offending by a popular tool known as COMPAS, a 137-question test that covers criminal and parole history, age, employment status, social life, education level, community ties, drug use and beliefs.
The judge who sentenced Mr. Loomis referenced his COMPAS score before issuing the punishment. Mr. Loomis, who pleaded guilty to attempting to flee the police, appealed his sentence, arguing COMPAS violated his due-process rights because the company that makes the test, Northpointe, doesn’t reveal how it weighs the answers to arrive at a risk score. Mr. Loomis also challenged COMPAS on the grounds that the evaluation treats men as higher risk than women.
Court: Judges Can Consider Predictive Algorithms in Sentencing