The impact of algorithms in criminal sentencing on due process rights

What safeguards are available to those subject to automated data processing at criminal sentencing and how effective are they? What, if any, amendments could be made to enhance the protection of due process rights from algorithmic technology? <br><br>Currently, courts have demonstrated little restraint regarding the use of algorithmic tools in criminal sentencing, despite the lack of understanding of algorithms and the fact that these tools can result in biased and discriminatory outputs.

The use of algorithms in criminal sentencing can have serious implications on due process rights including the right to review and verify sentencing, the right to an individualised sentence, and the right to equality before and under the law. The current safeguards, in the form of data protection legislation, do not effectively protect defendants due process rights who are subject to algorithmic tools at criminal sentencing.

This project recommends that various safeguards must be put in place should other countries wish to follow the trend of adopting algorithms at criminal sentencing. These safeguards include the adoption of a human-rights framework, expert testimony, regular audits, enhanced technological transparency through open source codes, and mandatory judicial training on assessing algorithmic evidence.