Abstract

In the 2015 Canadian case of Ewert v. Canada, risk assessment tools were put on trial in Canada’s Federal Court and eventually at the Supreme Court of Canada, their efficacy was challenged, and their reliability was upended <xref ref-type="bibr" rid="ref1" xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">[1]</xref> , <xref ref-type="bibr" rid="ref2" xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">[2]</xref> . Risk assessment tools are used by the justice system to present a calculated prediction of an offender’s risk of future criminal behavior. These tools are viewed by the legal community as precursors to machine learning and technological advancements in artificial intelligence (AI) in the criminal justice system, using algorithmic and data-driven decision-making to provide courts with predictions regarding an offender’s risk if released.

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