Currently, prosecutors in both the juvenile and adult criminal justice systems have too much discretion in pressing charges, determining what sentences are sought, and negotiating plea deals. Trial by jury is a key tenant of the American criminal justice system, but heightened prosecutorial power significantly reduces the power and frequency of a trial by peers. Attempts at sentencing reform must address largely unchecked prosecutorial discretion.
“If we divest decision-making to an algorithm that ignores our capacity to change, then we will enter a new, frightening stage of mass incarceration. If the tool is trained to find risk, it will most certainly find it, and weaponize it to incarcerate us, rather than send us home to make amends, and to heal our families and communities.“
Billy Penn
December 11, 2018
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