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Algorithmic Risk Assessment and Expert Evidence.

Bernadette McSherry1

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Forensic risk assessment tools aid legal decisions, but proprietary algorithms raise ethical and legal concerns. Structured professional judgment balances tools with clinical expertise.

Keywords:
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Area of Science:

  • Forensic Psychology
  • Legal Medicine
  • Criminology

Background:

  • Risk assessment is crucial in legal contexts, particularly criminal law.
  • Forensic psychologists and psychiatrists evaluate future criminal activity risk.
  • Tools used include statistical or actuarial risk prediction scales.

Purpose of the Study:

  • To highlight ethical and legal issues in forensic risk assessment.
  • To discuss the implications of proprietary risk assessment algorithms.
  • To examine the current emphasis on structured professional judgment.

Main Methods:

  • Review of current practices in forensic risk assessment.
  • Analysis of structured professional judgment approaches.
  • Examination of ethical and legal challenges posed by private risk assessment tools.

Main Results:

  • Risk assessment tools are integral to legal proceedings.
  • Structured professional judgment integrates actuarial data with clinical expertise.
  • Undisclosed algorithms in risk assessment tools create significant ethical and legal dilemmas.

Conclusions:

  • The use of opaque risk assessment algorithms by private companies presents ethical and legal challenges.
  • Balancing actuarial data, clinical judgment, and transparency is essential for fair legal application.
  • Further discussion is needed on the regulation and transparency of forensic risk assessment tools.