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

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 Sentencing Hearings Under Daubert and Due Process

Courts in at least 20 states now use algorithmic risk assessment tools at some stage of criminal sentencing or supervision. These AI-adjacent scores can materially affect incarceration length, probation conditions, and release decisions. This article explains how defense counsel can challenge AI-generated risk scores under Daubert/Frye, procedural and substantive due process, confrontation principles, and practical