The Case Against Pretrial Risk Assessment Instruments

Pretrial risk assessment instruments (RAIs) are tools intended to estimate two key outcomes for those who are released pending trial: the likelihood that someone will fail to appear for court, and the likelihood that someone will be arrested for a new crime before the disposition of their case. This paper critiques RAIs, citing their inaccuracy and discriminatory impacts on defendants' rights and freedoms. It suggests alternative approaches, such as utilizing community-based supports and interventions, to address concerns about pretrial release and public safety.