Citation

Netter B. J. Crim. Law Criminol. 2007; 97(3): 699-729.

Copyright

(Copyright © 2007, Northwestern University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

Virginia's program of nonviolent offender risk assessment uses predictions Of recidivism to recommend which felons should be incarcerated. Unlike many sentencing schemes that rely upon the severity of the offense and the offender's criminal history, Virginia's depends on a statistical study commissioned by the legislature that purports to match offender characteristics with future behavior. New offenders are given recidivism “scores” that depend on gender, employment status, marital status, and age-all factors seemingly unrelated to the criminal conduct itself This Essay criticizes the Virginia approach as ethically suspect and mathematically unsound and calls for greater public discourse as to the hidden assumptions underlying the sentencing apparatus.