Layers of Bias: A Unified Approach for Understanding Problems With Risk Assessment

2018 ◽  
Vol 46 (2) ◽  
pp. 185-209 ◽  
Author(s):  
Laurel Eckhouse ◽  
Kristian Lum ◽  
Cynthia Conti-Cook ◽  
Julie Ciccolini

Scholars in several fields, including quantitative methodologists, legal scholars, and theoretically oriented criminologists, have launched robust debates about the fairness of quantitative risk assessment. As the Supreme Court considers addressing constitutional questions on the issue, we propose a framework for understanding the relationships among these debates: layers of bias. In the top layer, we identify challenges to fairness within the risk-assessment models themselves. We explain types of statistical fairness and the tradeoffs between them. The second layer covers biases embedded in data. Using data from a racially biased criminal justice system can lead to unmeasurable biases in both risk scores and outcome measures. The final layer engages conceptual problems with risk models: Is it fair to make criminal justice decisions about individuals based on groups? We show that each layer depends on the layers below it: Without assurances about the foundational layers, the fairness of the top layers is irrelevant.

2021 ◽  
Vol 2021 (1) ◽  
pp. 142-149
Author(s):  
Phyllis Ngugi

The Supreme Court decision in the now-infamous case Francis Karioko Muruatetu v Republic1 seemed to settle the enduring debate whether sentencing is a judicial or a legislative function. The court’s ruling was that sentencing is a judicial function and that the mandatory nature of the death penalty for murder2 was unconstitutional because it took away the courts’ discretion to determine a just and proportionate punishment to impose on a convicted person. In its judgment, the court ordered that the judiciary sentencing policy3 be revised to reflect the court’s guidelines on the obligation of courts to listen to the accused’s mitigation before sentencing. The court also directed that a framework for sentence rehearing be prepared immediately to allow applicants who had been sentenced in circumstances similar to those of the petitioners to apply for sentence a rehearing from the trial court. This article examines the aftermath of this judgment in terms of whether the Supreme Court’s decision helped to cure the challenge that lies in the current sentencing process; achieving coherence and proportionality in the sentencing process. By using jurisprudential arguments, we intend to demonstrate that, despite the court’s direction to all courts to ensure that no person should be subjected to a disproportionate sentence, the problem of disproportional sentencing is one that goes beyond merely reviewing of the sentencing guidelines but also demands a reform of the entire criminal justice system.


Author(s):  
K. Madhu Kishore Raghunath ◽  
S. L. Tulasi Devi ◽  
Chandra Sekhar Patro

World is vicinity full of opportunities given the amount of economic and non-economic transactions taking place every moment. With ubiquitous opportunities all around, businesses can assume inherent risk everywhere in one or the other way. In this chapter, the authors have deliberated the general business scenario to prove the given inferences. The readers will come across why the risk management is gaining so much gravity and across risk strategy of top business players. The chapter will bring into light the various risk factors in business and study the various risk assessment models present to fortify the negativity of these risk factors. Simultaneously, the authors will draw empirical evidence on the effectiveness, qualitative and quantitative risk models have on risk factors in public and private business organisations.


2014 ◽  
Vol 32 (No. 2) ◽  
pp. 122-131 ◽  
Author(s):  
P. Ačai ◽  
Ľ. Valík ◽  
D. Liptáková

Quantitative risk assessment of Bacillus cereus using data from pasteurised milk produced in Slovakia was performed. Monte Carlo simulations were used for probability calculation of B. cereus density at the time of pasteurised milk consumption for several different scenarios. The results of the general case exposure assessment indicated that almost 14% of cartons can contain &gt; 10<sup>4</sup> CFU/ml of B. cereus at the time of pasteurised milk consumption. Despite the absence of a generally applicable dose-response relationship that limits a full risk assessment, the probability of intoxication per serving and the estimated number of cases in the population were calculated for the general exposure assessment scenario using an exponential dose-response model based on Slovak data. The mean number of annual cases provided by the risk assessment model for pasteurised milk produced in Slovakia was 0.054/100 000 population. In comparison, the overall reporting rate of the outbreaks in the EU in which B. cereus toxins were the causative agent was 0.02/100 000 population in 2010. Our assessment is in accordance with a generally accepted fact that reporting data for alimentary intoxication are underestimated, mostly due to the short duration of the illness. &nbsp;


Author(s):  
K. Madhu Kishore Raghunath ◽  
S L Tulasi Devi

Survival being the rationale for every organisation, there are infinite dynamics which contribute to every organisations growth and survival. Weighing in all the dynamics available, if organisations have to contemplate on the one which acts as catalyst for ultimate survival it is business decision making process. Risk is an inherent ailment that exacerbates organisational decision making ever since the dawn of industrialization, with their reach proliferating ever since. In the present article, the authors articulate the effectiveness of risk assessment models on key business decisions to testify how risk models operate in isolation and when combined together. Authors also analyse the significant effect risk models have on business decision, which serves as justification for organisational efficiency.


Sexual Abuse ◽  
2016 ◽  
Vol 29 (3) ◽  
pp. 291-308 ◽  
Author(s):  
Rebecca L. Fix ◽  
Melissa A. Cyperski ◽  
Barry R. Burkhart

The overrepresentation of racial/ethnic minorities within the criminal justice system relative to their population percentage, a phenomenon termed disproportionate minority contact, has been examined within general adult and adolescent offender populations; yet few studies have tested whether this phenomenon extends to juvenile sexual offenders (JSOs). In addition, few studies have examined whether offender race/ethnicity influences registration and notification requirements, which JSOs are subject to in some U.S. states. The present study assessed for disproportionate minority contact among general delinquent offenders and JSOs, meaning it aimed to test whether the criminal justice system treats those accused of sexual and non-sexual offenses differently by racial/ethnic group. Furthermore, racial/ethnic group differences in risk, legal classification, and sexual offending were examined for JSOs. Results indicated disproportionate minority contact was present among juveniles with non-sexual offenses and JSOs in Alabama. In addition, offense category and risk scores differed between African American and European American JSOs. Finally, registration classifications were predicted by offending characteristics, but not race/ethnicity. Implications and future directions regarding disproportionate minority contact among JSOs and social and legal policy affecting JSOs are discussed.


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