Stevenson and Cox on Eugenic Criminology and the Birth of Predictive Algorithms in Criminal Justice

Megan T. Stevenson, University of Virginia School of Law, and Robynn Cox, UC Riverside, University of Southern California, Schaeffer Center for Health Policy and Economics, have published Eugenic Criminology and the Birth of Predictive Algorithms in Criminal Justice. Here is the abstract.

This Article tells the story of the birth of predictive algorithms in criminal justice. Known as risk assessments, these tools are widely used today to make decisions about bail, sentencing, and parole. Their roots trace back to the 1920s, when statistical prediction tools were first proposed for use in criminal justice decision-making. In this Article, we show that risk assessment found its origins in the ideas of eugenic criminology: namely, that crime is mostly caused by an inferior subclass of humanity, tainted from birth. Risk assessment was conceptualized as a way of sorting between the "normals" who were amenable to reform and the "sub-normals" who, due to their inferior genes, were not. Such "born criminals" were seen as requiring indefinite confinement within isolated penal colonies in order to protect society from crime, prevent procreation, and provide care for those in need of paternalistic guidance. We tell this story in part because it is a fascinating piece of history, marked by bigotry, bravado, and an almost fanatical optimism about mankind's ability to engineer a perfect society. But we also tell it because the ideas and practices of eugenic criminology are not widely known. While "tainted origins" do not automatically condemn the ongoing use of risk assessment, understanding history can help identify ways that the past lives on in the present.

Download the article from SSRN at the link.