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Courts and Departments of Corrections have additionally sought to make use of similar instruments. However, the usage of knowledge analytics in sentencing raises a number of constitutional issues. In State v. Loomis, the Wisconsin Supreme Court was faced with whether or not the usage of an actuarial danger evaluation device based mostly on a proprietary method violates a defendant’s right to due process the place the defendant couldn’t evaluate how the various inputs have been weighed. The opinion attempts to avoid wasting a constitutionally dubious approach and reads as a warning to decrease courts within the correct use of predictive analytics. This article explores sure equal safety and due process arguments implicated by Loomis.
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