Well that was quick!
On the heels of the ProPublica article about bias in algorithmic decision-making in the criminal justice system, a lawsuit now before the Wisconsin Supreme Court could mark the first legal determination about the use of algorithmic methods in sentencing.
The first few paragraphs of the article summarize the issue at hand:
When Eric L. Loomis was sentenced for eluding the police in La Crosse, Wis., the judge told him he presented a “high risk” to the community and handed down a six-year prison term.
The judge said he had arrived at his sentencing decision in part because of Mr. Loomis’s rating on the Compas assessment, a secret algorithm used in the Wisconsin justice system to calculate the likelihood that someone will commit another crime.
Mr. Loomis has challenged the judge’s reliance on the Compas score, and the Wisconsin Supreme Court, which heard arguments on his appeal in April, could rule in the coming days or weeks. Mr. Loomis’s appeal centers on the criteria used by the Compas algorithm, which is proprietary and as a result is protected, and on the differences in its application for men and women.