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How to Challenge AI-Generated Risk Assessment Scores in Sentencing Hearings: A Step-by-Step Defense Strategy

How to Challenge AI-Generated Risk Assessment Scores in Sentencing Hearings: A Step-by-Step Defense Strategy

AI in the Courtroom /

AI-generated risk assessment scores can add 6–12 months or more to a recommended sentence when courts treat “high risk” labels as aggravating. These tools—often based on proprietary algorithms—are now used in many jurisdictions at bail, probation, and sentencing, raising due process, confrontation, and reliability concerns. This article gives defense counsel a step-by-step strategy to identify […]

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How to Challenge AI-Generated Risk Assessment Scores in California Sentencing Hearings (2026)

How to Challenge AI-Generated Risk Assessment Scores in California Sentencing Hearings (2026)

AI in the Courtroom /

In California sentencing hearings in 2026, attorneys can challenge AI-generated risk assessment scores through discovery, evidentiary objections, and due process arguments grounded in California’s determinate sentencing framework. Courts are increasingly asked to rely on “risk” tools for custody, probation, and supervision decisions, even when the underlying model is opaque. This article explains practical motions, hearing

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How to Challenge AI-Generated Risk Assessment Scores in California Criminal Sentencing Hearings

AI in the Courtroom /

AI risk scores can affect bail and sentencing outcomes, and California courts must protect a defendant’s due process rights when such tools are used. Across California criminal sentencing hearings, judges increasingly encounter algorithmic “risk assessment” inputs from probation or pretrial services. This article explains practical, California-focused ways to challenge AI-generated risk scores through discovery, evidentiary

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