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Algorithmic Justice: The Legal Implications of AI in Criminal Sentencing and Risk Assessment

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  • Nicki James Shepherd

Abstract

The increasing integration of artificial intelligence (AI) in criminal justice systems, particularly in sentencing and risk assessment, marks a significant shift in legal decision-making practices. While algorithmic tools such as COMPAS and HART are promoted for their potential to enhance consistency, efficiency, and objectivity, their use raises serious legal and ethical concerns. These systems often rely on biased historical data, leading to discriminatory outcomes—especially against ethnic minorities—by reinforcing systemic inequalities. Moreover, the opaque, proprietary nature of many algorithms undermines the transparency and accountability essential to a fair trial. This article examines the legal implications of algorithmic risk assessment tools, arguing that their uncritical application endangers fundamental rights such as the presumption of innocence, the right to a fair trial, and judicial discretion. Without meaningful reforms addressing bias, transparency, and due process, algorithmic justice risks replacing human judgment with flawed, unchallengeable predictions.

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  • Nicki James Shepherd, 2025. "Algorithmic Justice: The Legal Implications of AI in Criminal Sentencing and Risk Assessment," Journal of Artificial Intelligence General science (JAIGS) ISSN:3006-4023, Open Knowledge, vol. 8(1), pages 258-263.
  • Handle: RePEc:das:njaigs:v:8:y:2025:i:1:p:258-263:id:391
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