This piece argues that the use of predictive algorithms in criminal sentencing poses a threat to due process and equal treatment under the law. By exploring studies regarding algorithmic bias, as well as flaws in human decisionmaking, the Article examines how judicial reliance on predictive algorithms may serve to exacerbate societal discrimination and erode constitutional rights.
Discourse publishes shorter articles that are timely, interdisciplinary, and novel. Discourse strives to serve as a platform for scholars, ideas, and discussions that have often been overlooked in traditional law review settings. Because we seek to publish pieces that are accessible to legal and non-legal audiences alike, Discourse articles are generally between 3,000 and 10,000 words. Like our print journal, Discourse articles are published on Westlaw, Lexis, and in other legal databases, as well as our own website. Beginning with Volume 68, Discourse began publishing special issues of Law Meets World.