United States · Data and Automated Decision-Making

US COMPAS Sentencing Case

Criminal sentencing materials incorporated a commercial COMPAS recidivism risk score. The court permitted limited consideration of the score, required clear warnings regarding the tool's limitations, and prohibited using the score to determine sentence severity or whether incarceration is warranted.

Court or tribunal
Supreme Court of Wisconsin
Decision date
12 July 2016
Procedural status
State Supreme Court Decision
Case number
2016 WI 68

01

Factual background & dispute

  • The presentence investigation report included results from a COMPAS risk and needs assessment.
  • The defendant challenged the proprietary model's lack of transparency and argued that its use of gender data violated due process.
  • The sentencing court also considered independent factors, including the severity of the offense, prior criminal history, and supervision records.

02

Core issues & judicial focus

  1. Whether the inability to review the proprietary algorithm violates due process rights
  2. Whether risk scores may be used in individualized sentencing
  3. What limitations must be imposed when risk assessment models consider factors such as gender

03

Judicial finding & holding

  • The state supreme court affirmed the lower court's decision.
  • The court permitted judges to consult COMPAS scores subject to explicit limitations and cautionary instructions.
  • Risk scores cannot determine sentence severity or whether incarceration is warranted, and courts must evaluate other independent factors.

04

Practical risk implications

01High-impact algorithmic scores must be accompanied by usage limitations, known error rates, target population parameters, and update histories.

02Final decision-makers should document the actual role of algorithmic scores in their determinations.

03Vendor trade secret claims increase the burden on authorities to provide explanations, facilitate cross-examination, and safeguard procedural rights.

Court documentsFull judgments and orders1 document

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