Since the inception of the bail system, there has been continual reform for it to be just and fair for all who qualify. The right to bail is in the Bill of Rights and is offered without bias. However, due to technology and advancements, the very heart of the right to bail is in jeopardy. As bail reform continues to evolve, technology is at the forefront of this debate due to the use of algorithms and predictive policing software. Biases that are based on race, creed, background and other factors are used to determine if a defendant is a risk or if they should be granted bail. The bail reform looks to remove these factors and return the bail system to how it was originally designed for the aid to those who needed it.
Predictive Policing
By definition, predictive policing is the use of mathematics, predictive analytics and other analytical techniques in law enforcement to determine potential criminal activity by an individual. Many believe that this is an unjust and unfair practice due to the bias and unfairness of the information that used to make these predictions.
Since predictive policing is using factors such as race, creed, social and economical backgrounds it has been accused of being racist and many want the technology to be dismantled. However, the use of AI and predictive data has resulted in the prevention of crimes that would otherwise have been committed. The ability to identify and stop crimes before they occur have resulted in a drop in crime for those law enforcement agencies that utilize this technology.
Algorithmic Justice
An algorithm that is used to predict flight risk and the recurrence of criminal activity while on bail is algorithmic justice. These systems take information from past crimes, social standing, and backgrounds to compile a list of determinants that could help to deter future crimes committed by an individual. However, these algorithms have been labeled as unfair or even harmful because they do not take into account each individual person and can lean on biases to predict the actions of defendants.
The technology that is being produced is meant to aid in the reduction of criminal activity. The use of such platforms and AI-driven software can lead to individuals being categorized by race, age, economical background and criminal background. Unfortunately, this technology does not look at the person, but at the habits and actions of a sect of the population.
Both predictive policing and algorithmic justice can be tools that bondsmen utilize when taking on a defendant. The information that is gathered from this technology will assist in determining if there are any risks of future crimes or if the person is going to adhere to the bail process that has been set before them.
There is no fool-proof system that will determine the actions of an individual. But utilizing the information that is collected from algorithms and predictive policing software can help both law enforcement and the bail bond industry to deter crime and help those in need.