Constructing Recidivism Risk

Courts are increasingly relying on statistically derived information to determine a defendant¿s likelihood of recidivism at sentencing. Tools that provide the courts with the actuarial data are helpful to making sentencing decisions, but their use also raises concerns about the choices developers make in construction. This Article argues that there must be more accountability during the tool development process because the design decisions require normative judgments about accuracy, equality, and purpose of punishment. Furthermore, this Article emphasizes that actuarial tools should be designed to reflect the societal values about the administration of justice.