John Raphling Profile picture
May 28, 2020 15 tweets 5 min read Read on X
This @propublica article gives a great illustration of why risk assessment tools are so dangerous and are a false criminal legal system reform. propublica.org/article/bill-b…
1/15
AG Barr said that they would consider releasing people with risk scores in the “minimum” risk category. Initially, about 20% of people. They only let out 1.8%. And people are dying from C19 in Fed custody.
2/15
To limit possible release, they just changed the risk score scale. A 21 score used to be “minimal” risk, but they changed it to a score of 6. So far fewer people fit that category—far fewer eligible for release.
3/15
This adjustability is not just a feature of the federal PATTERN tool; not just a manipulation by AG Barr. The adjustability of RA tools is a basic function of all of them—it’s why the police state loves RA tools.
4/15
The adjustability of RA tools allows whoever controls them to keep as many people in jail as they want just by changing the scoring scale. What do you think the architects of mass incarceration will do with such a tool?
5/15
RA tools are used for pretrial incarceration, sentencing, parole, probation supervision, release from prison and predictive policing deployment. They are used in child welfare decisions. They pretend to be scientific/objective.
6/15
Some of us have been warning of the danger of RA tools for years. @stoplapdspying @LACANetwork @JusticeLANow @hrw hrw.org/news/2019/06/2…
7/15
Some criminal justice “reformers” are pushing for risk assessment tools. First Step Act relies heavily on them. California’s not reform bail reform SB10 requires them. thenation.com/article/archiv…
8/15
Adjustable scoring isn’t something that can simply be regulated or fixed. It is an inherent feature of RA tools—and a reason to reject them. But there are other inherent flaws with RA make them unusable.
9/15
RA tools take a few superficial facts about an individual—for example, did the person miss a court date or have a prior conviction or not have a job-- without any explanation. Those facts create a profile.
10/15
The individual profile is compared to thousands of other people with similar profiles. If 10% of others with matching profile get re-arrested, then your risk estimate is 10% (yes, this is a highly simplified explanation)
11/15
So the algorithm of the RA tool ignores the context of your life to make a judgement about you based on how people with similar profiles have done in the past. Not exactly an individualized evaluation.
12/15
The profile is influenced by race and class. If the police stop, search and arrest black people at higher rates (they do), then black people will have a higher risk scores than white people regardless of actual likelihood of crime.
13/15
Racial bias in these profiling tools is basically a feature and a reason never to use them. @chels_bar @ColinDoyleLaw media.mit.edu/posts/algorith…
14/15
So Risk Assessment tools 1) are racially biased, 2) make decisions based on profiles, 3) can be adjusted to keep as many people incarcerated as law enforcement wants. Why would anyone opposing the police state support them?
15/15

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More from @JRaphling

Sep 28, 2020
This is for pre-arraignment release. Sec. 1320.13 allows review, but not for high risk. At arraignment, the risk assessment is a factor for the judge to consider in deciding release or detain (Sec. 1320.15)
Knowing judges, they will not be releasing people with high or even medium risk scores. Where RAs are already being used, judge override the scores in favor of detention.
And, the scoring system of RA tools are completely arbitrary. Whoever controls the tools (judges) can set them to rate as many people as high risk as they want.
Read 4 tweets
Sep 28, 2020
Sec. 1320.18 allows a prosecutor to request and a judge to impose "preventive detention" (held in jail pretrial with no way out) if the judge believes no release conditions will assure protection of the public or return to court.
That is a completely subjective standard. The judge just has to say that they don't think release will assure protection or return and they can simply order incarceration. Nothing stops them from doing this. Judges can always find some reason to justify.
In the past, judges have set high bail; now they don't even have to bother with bail. Sec. 1320.19 and 20 describe the hearings. Almost no due process protections. Almost unlimited judge discretion to impose preventive detention.
Read 9 tweets
Sep 17, 2020
4 yrs ago today Tulsa police officers killed Terence Crutcher, unarmed, not threatening, maybe in need of some help. Image
Terence left behind a loving family, including his twin sister @TiffanyCrutcher, and a large community of people, especially in North Tulsa. ktul.com/news/local/fam…
City officials promised justice and police reform, but have delivered neither. That fight for justice continues. newsweek.com/tulsa-police-k…
Read 6 tweets
Sep 2, 2020
Dijon Kizzee 8/31/20
Terron Jammal Boone 6/17/20
Andres Guardado 6/18/20
Michael Thomas 6/11/20
Jarrid Hurst 6/7/ 20
Robert Colvin 5/29/20
Robert Avitia 5/26/20

These are all people shot and killed by Los Angeles County Sheriff's Deputies since George Floyd was killed.
According LASD, deputies stopped Kizzee for a bicycle violation, he ran, hit an officer while trying to escape, dropped a gun (so, unarmed)—and they shot him. abc7.com/doorbell-video…
Deputy who killed Andres Guardado was reportedly trying to prove himself to a Sheriff’s Deputy gang out of Compton Station—The Executioners. spectrumnews1.com/ca/la-west/pub…
Read 5 tweets
Aug 19, 2020
We need to defund police and invest in communities to promote public safety. @hrw has just released a report recommending this divest/invest approach to reform. hrw.org/news/2020/08/1…
But @hrw report also says we need meaningful accountability mechanisms to deter police misconduct. We cite to data from departments across the US showing police investigating themselves and finding themselves blameless.
Our report on Tulsa revealed from 2012-17, TPD reported 3,364 acts of force, found only 2 “out of policy”, imposed no discipline for either. Not unusual for US police. hrw.org/sites/default/…
Read 8 tweets
Aug 13, 2020
“A Roadmap for Re-imagining Public Safety in the United States” @hrw paper on policing, recommendations for structural reform: Divest from policing, invest in communities, strengthen accountability hrw.org/news/2020/08/1…
This paper builds on @hrw 2019 case-study of policing in Tulsa, detailing connections between abusive policing, poverty and structural racism, recommending divestment from police/investment in community/accountability for harmful police hrw.org/sites/default/…
We must: 1) reduce role of police in addressing societal problems; 2) invest in communities to advance public safety/rights/well-being; 3) develop independent accountability mechanisms @hrw recs on policing hrw.org/news/2020/08/1…
Read 13 tweets

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