Enabling Individualized Criminal Sentencing While Reducing Subjectivity: A Tablet-Based Assessment of Recidivism Risk

Ormachea, Pablo A.; Davenport, Sasha; Haarsma, Gabe; Jarman, Anna; Henderson, Howard; Eagleman, David M.

doi:10.1001/journalofethics.2016.18.3.stas1-1603

Cited by 3 publications

(3 citation statements)

References 27 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Advocates for the use of defendants’ brain data in criminal law—whether for mitigation, risk assessment, or other purposes—argue that this form of evidence is more direct, objective, and accurate than other testimony by mental health professionals, such as the results of risk assessments based on structured professional judgment (Haarsma et al, 2020; Nadelhoffer et al, 2012; Ormachea et al, 2016). However, as discussed next, many have critiqued the basic assumptions of this line of reasoning and the potentially dangerous implications of using defendants’ brain data in the courtroom.…”

Section: Uses Of Neuroscience In the Criminal Courtroommentioning

confidence: 99%

The Intersection of Racism and Neuroscience Technology: A Cautionary Tale for the Criminal Legal System

Perkins,

Bradford,

Verona

et al. 2023

Policy Insights from the Behavioral and Brain Sciences

View full text Add to dashboard Cite

Neuroscience evidence is appealing as a means to increase “objectivity” and reduce racial disparities in the criminal legal system. However, increasing reliance on defendants’ brain data may instead maintain racial disparities while rendering biases invisible. First, neurobiological data are not any more objective than traditional psychological measures. Second, the complexity and inaccessibility of neuroscience undermines public understanding of what such data can actually say. Third, existing methodologies have limitations when working with hair types and skin colors that are socially coded as Black; these phenotypic biases reduce both the reliability of individual data and the representativeness of comparison groups, skewing interpretations of defendants’ brain data. More research is needed before neuroscience evidence can be considered more probative than prejudicial.

show abstract

Section: Uses Of Neuroscience In the Criminal Courtroommentioning

confidence: 99%

The Intersection of Racism and Neuroscience Technology: A Cautionary Tale for the Criminal Legal System

Perkins,

Bradford,

Verona

et al. 2023

Policy Insights from the Behavioral and Brain Sciences

View full text Add to dashboard Cite

show abstract

“…To predict the chance of reoffending, test results were analysed with machine learning methods. Due to only neurocognitive input being required to predict recidivism levels, implicit bias and confounds of static factors (e.g., criminal history) are limited (Haarsma et al, 2020;Ormachea et al, 2016). Secondly, apps can collect data in an unobtrusive and highly individualised way (Parsey & Schmitter-Edgecombe, 2013).…”

Section: Smartphone Apps For Risk Assessmentmentioning

confidence: 99%

What Works in the Digital Age? VR and Smartphone Applications for Forensic Psychology

Siezenga¹,

Gelder²,

Schalk³

2022

Challenging Bias in Forensic Psychological Assessment and Testing

View full text Add to dashboard Cite

Forensic psychology lies at the intersection of criminal justice and mental health care (Vollm et al., 2018). Its main goal is to reduce the chance of recidivism and address treatment targets in relation to offence-related factors and psychiatric disorders (Kip et al., 2018;Vollm et al., 2018). The forensic population is characterised by various risk factors for recidivism, such as high psychiatric comorbidity (Fazel & Danesh, 2002;Van der Veeken et al., 2018), relatively low treatment motivation (Drieschner & Boomsma, 2008;Kip et al., 2019b) and low cognitive abilities (Kip et al., 2019b). The combination of these risk factors makes the forensic population both hard to reach and difficult to treat, which is reflected in high reoffending rates (Bengtson et al., 2019). As risk factors are diverse, the use of individualised therapy is essential for treatment efficacy (Bonta & Andrews, 2007). Implementing technology in treatment can support individualised therapy (Kip et al., 2019b). Furthermore, when applied in the right way, technology could reduce bias and increase inclusivity. Therefore, technologies could enhance the forensic field in the main elements of care: risk assessment, offender rehabilitation, and reintegration (Bonta & Andrews, 2007;Vollm et al., 2018). Two forms of eHealth with the potential for application with a forensic population include Virtual Reality (VR) and applications for mobile devices ("smartphone apps"). Both are discussed in this chapter.VR has several features that can make it a valuable addition to the forensic psychology toolkit. In this chapter, we focus on immersive VR (also referred to as IVR) which is generally experienced through a head-mounted display (HMD) (Fox et al., 2009). For research and assessment purposes VR provides advantages over current methods. Among others, VR enables objective data gathering and standardised treatment, resulting in less biased and more individualised assessment. Consider roleplay exercises, which generally take place with real actors. Confederates or trained actors' verbal and non-verbal behaviour may cause unintentional variation in the treatment and they may vary in terms of

show abstract

“…Throughout the development of the NCRA, our aim has been to determine how underlying cognitive traits (and specifically, those that have established links to criminal behavior) can be used to harvest insights into recidivism. An appreciation of how these decision-making traits are linked to reoffending can optimize individualized sentencing strategies, and can steer rehabilitative program recommendations toward individualized treatment (Ormachea et al, 2016). We've leveraged neuropsychological tests that are sensitive to different cognitive domains, gamified them, and time-optimized them.…”

Section: About the Assessmentmentioning

confidence: 99%

Assessing Risk Among Correctional Community Probation Populations: Predicting Reoffense With Mobile Neurocognitive Assessment Software

Haarsma¹,

Davenport²,

White³

et al. 2020

Front. Psychol.

View full text Add to dashboard Cite

We seek to address current limitations of forensic risk assessments by introducing the first mobile, self-scoring, risk assessment software that relies on neurocognitive testing to predict reoffense. This assessment, run entirely on a tablet, measures decision-making via a suite of neurocognitive tests in less than 30 minutes. The software measures several cognitive and decision-making traits of the user, including impulsivity, empathy, aggression, and several other traits linked to reoffending. Our analysis measured whether this assessment successfully predicted recidivism by testing probationers in a large urban city (Houston, TX, United States) from 2017 to 2019. To determine predictive validity, we used machine learning to yield cross-validated receiveroperator characteristics. Results gave a recidivism prediction value of 0.70, making it comparable to commonly used risk assessments. This novel approach diverges from traditional self-reporting, interview-based, and criminal-records-based approaches, and can also add a protective layer against bias, while strengthening model accuracy in predicting reoffense. In addition, subjectivity is eliminated and time-consuming administrative efforts are reduced. With continued data collection, this approach opens the possibility of identifying different levels of recidivism risk, by crime type, for any age, or gender, and seeks to steer individuals appropriately toward rehabilitative programs. Suggestions for future research directions are provided.

show abstract

Enabling Individualized Criminal Sentencing While Reducing Subjectivity: A Tablet-Based Assessment of Recidivism Risk

Cited by 3 publications

References 27 publications

The Intersection of Racism and Neuroscience Technology: A Cautionary Tale for the Criminal Legal System

The Intersection of Racism and Neuroscience Technology: A Cautionary Tale for the Criminal Legal System

What Works in the Digital Age? VR and Smartphone Applications for Forensic Psychology

Assessing Risk Among Correctional Community Probation Populations: Predicting Reoffense With Mobile Neurocognitive Assessment Software

Contact Info

Product

Resources

About