Loading...
Thumbnail Image
Publication

Disparate impact of risk assessment instruments: A systematic review

Lawson, Spencer G.
Narkewicz, Emma L.
Vincent, Gina M.
Embargo Expiration Date
Abstract

Objective: One concern about the use of risk assessment instruments in legal decisions is the potential for disparate impact by race or ethnicity. This means that one racial or ethnic group will experience harsher legal outcomes than another because of higher or biased risk estimates. We conducted a systematic review of the literature to synthesize research examining the real-world impact of juvenile and adult risk instruments on racial/ethnic disparities in legal decision making. Hypotheses: Given the nature of research synthesis, we did not test formal hypotheses. Method: Our systematic literature search as of July 2023 identified 21 articles that investigated the disparate impact of 13 risk assessment instruments on various legal outcomes. Most of these instruments were actuarial pretrial screening instruments. Results: Our narrative synthesis indicated that there is not strong evidence of risk instruments contributing to greater system disparity. Ten articles indicated that adopting risk instruments did not create (or exacerbate preexisting) disparities, and eight articles found that instrument use reduced disparities in legal decision making. Three articles reported evidence of disparate impact of risk instruments; only one of these studies received a strong study quality assessment score. We observed a scarcity of high-quality articles that employed what we deem to be the gold standard approach for examining the disparate impact of risk instruments (i.e., pretest-posttest design). Conclusion: The evidence signals that risk instruments can contribute to reductions in disparities across multiple stages of legal decision making. Yet study quality remains low and most research has been conducted on decisions during the pretrial stage. More rigorous research on disparate impact across diverse legal decision points and approaches to risk assessment is needed.

Source

Lawson SG, Narkewicz EL, Vincent GM. Disparate impact of risk assessment instruments: A systematic review. Law Hum Behav. 2024 Sep 30. doi: 10.1037/lhb0000582. Epub ahead of print. PMID: 39347719.

Year of Medical School at Time of Visit
Sponsors
Dates of Travel
DOI
10.1037/lhb0000582
PubMed ID
Other Identifiers
Notes
Funding and Acknowledgements
John D. and Catherine T. MacArthur Foundation
Corresponding Author
Related Resources
Related Resources
Repository Citation
Rights
Copyright ©American Psychological Association, 2024. This paper is not the copy of record and may not exactly replicate the authoritative document published in the APA journal. The final article is available at: https://doi.org/10.1037/lhb0000582. Authors' accepted manuscript posted as allowed by the publisher's internet posting guidelines at https://www.apa.org/pubs/journals/resources/internet-posting-guidelines.
Distribution License