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The liberal dream of smart detention? Algorithms and the politics of pretrial detention in the US states
Author(s) -
Wenzelburger Georg,
König Pascal D.
Publication year - 2022
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/lapo.12197
Subject(s) - legislature , context (archaeology) , politics , state (computer science) , criminal justice , democracy , variance (accounting) , political science , power (physics) , balance (ability) , law , economics , law and economics , algorithm , criminology , sociology , computer science , psychology , accounting , paleontology , physics , quantum mechanics , neuroscience , biology
In the 2000s and 2010s, US states have seen an important wave of change in criminal justice policies toward a “smart on crime” approach. In this context, several states have rolled out algorithmic risk assessment tools for statewide use in pretrial decisions, whereas some others have not, and still others are moving back from using such tools again. The present article examines the explanations for this variance. To this end, it tests competing expectations about the role of functional pressures, including fiscal strain and the party‐political balance of power. The findings show that functional pressures, policy diffusion, and politics affect the likelihood that algorithmic tools will be used in criminal justice. Democratic control of both the state executive and legislative branches increases the likelihood that a state will use these tools, indicating that Republicans are reluctant to leave the “tough on crime” paradigm behind and to advance the “smart on crime” approach.