Document Type
Article
Publication Title
American University Law Review Forum
Publication Date
4-2023
ISSN
2639-6319
Page Number
133
Keywords
pretrial detention, risk assessment, well-validated instruments
Disciplines
Courts | Criminal Law | Law
Abstract
One proposed reform of the pretrial detention system is the adoption of risk assessment instruments to assist courts in determining who is at risk of reoffending or a flight risk. This Response to Professor Melissa Hamilton's Article, Modelling Pretrial Detention, proposes that under most circumstances the results of well-validated instruments should not only inform pretrial outcomes but should dictate them, on the ground that such results are more likely to be accurate than judicial decision-making. The Response also provides evidence that this reform would significantly reduce pretrial detention rates and, consistent with Professor Hamilton's findings, avoid producing racially disparate results.
Recommended Citation
Christopher Slobogin,
Presumptive Use of Pretrial Risk Assessment Instruments, 72 American University Law Review Forum. 133
(2023)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1360