Evidence-based sentencing, Daubert test
Despite its purported positive impact on the criminal justice system, evidence-based sentencing risks fooling judges and juries and further contributing to the overrepresentation of men of color and poor people in prisons. The problems with the creation of these models, namely a lack of replication, potentially unconstitutional use of certain factors, high false positive rates, and issues with G2i abstraction, should all create serious concerns for actors in and around the criminal justice system.
Charlotte Hopkinson, Using Daubert to Evaluate Evidence-Based Sentencing, 103 Cornell L. Rev. 723
Available at: https://scholarship.law.cornell.edu/clr/vol103/iss3/4