Risk Assessment: An Evaluation for the Criminal Justice System

This essay delves into the significance of risk assessment within the criminal justice system, examining its multifaceted role in evaluating potential risks to individuals, assets, and society. It outlines the importance of risk assessment, its advantages, such as aiding in decision-making regarding detention and sentencing, and disadvantages, including potential ethical concerns and accuracy limitations. The essay explores how and where risk assessments are employed, detailing the use of both algorithmic and clinical assessment methods. It further discusses the tools utilized, their reliability, and the impact of these assessments on various aspects of the criminal justice process, from pre-trial decisions to rehabilitation programs and inmate management within federal prisons. The essay concludes by emphasizing the need to consider both the benefits and drawbacks of risk assessment to enhance decision-making efficiency while protecting individual rights and ensuring fairness.

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What is risk assessment
and should it be used in
the Criminal Justice System

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Importance of risk assessment should be used in criminal justice system.............................1
How and where they are used.................................................................................................2
Pros and cons of risk assessment............................................................................................3
Tools used risk assessment and are they reliable/valid..........................................................4
How and where is risk assessment used.................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Risk assessment is termed as an evaluation of factors that are posing risk upon individual,
asset, society or system (Duwe, 2014). In this with the use of different types of risk evaluation
tool evaluation to risk posing factors can be evaluated. In these report formative discussions has
been made on risk assessment important in criminal justice system. Along with this report
include, advantage of disadvantage of risk assessment is also being included in this report. Lastly
report includes, aspects where this tool is being used.
MAIN BODY
Risk assessment is defined as a process which is being undertaken to evaluate reasons and
risk factors that are imposing potential harm to individual, asset or environment (The Role of
Risk Assessment in the Criminal Justice System: Moving Beyond a Return to the Status Quo.
2020.) While in terms with criminal justice system it is termed as a series of government
institution and agencies. Main aim of this is to prevent crimes and provide support for victims.
Criminal justice system primary institutions include court; police, prosecution, defence lawyer.
In addition to this main aim of this is to enforce law in order to protect public interest by
arresting suspected violators.
It has been evaluated that risk assessment acts as most important component of criminal
justice system as without prisons and jail main motive of criminal justice system could not be
effective. This has been identified that there are number of individual who spend their time in jail
before found guilty, this is mainly due to suspension of committing a crime. Thus, risk
assessment will allow criminal justice system to overcome this problem for instance, when key
executive individual of criminal justice system like judge, is duly undertaking decision to send
any individual to jail ahead of trial, in this rather than setting bail the judge will identify whether
defendant is a public safety threat and in this if there is any threat they will be sent to jail and if
not then they get to go home (Sarma, 2017). With the assistance of risk assessment criminal
justice system number of advantage of these tools can undertake in process to decide whether an
individual is too dangerous to release. There are two form of assessments that are algorithmic
and clinical. In this in terms with clinical assessment clinician or psychologist effectively
identify someone individually, however this assessment take maximum number of time and
further require informal interview, evaluation and investigation of number of elements of
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dependent life. In this alternative method of algorithmic risk assessment which can be
undertaken to completely remove or swap clinical assessment (Sarma, 2017). In this algorithmic
assessment allow using statistics data, social aspects to categorise an individual risk level. With
this effective result in terms with numerical resource and designation of high, medium or low
risk can be evaluated. With the help of risk assessment judges can effectively able to undertake
decision related to detention, sentence, length bail and more. It has been identified that with the
assistance of risk assessment different type of beneficial treatment can be undertaken by
individual such as with the use of this person can facilitate earlier discharge or release. Further
this has been identified that risk assessment is required to be used in criminal justice system as it
effectively improve accurateness of risk predictions.
Risk assessment is an important aspect and is used in different types of aspects such as in
federal prisons (What Are Risk Assessments — and How Do They Advance Criminal Justice Reform?.
2020). With the help of this system inmates can be placed in rehabilitation program.
Implementation to this tool can also being used in different criminal justice decision making
aspects like, this tool can be undertaken by probation officers, police, psychiatrist and
psychologist in order to evaluate risk of sexual of pending, criminal offending and violent
offending (Van Cleve and Mayes, 2015). In addition to this, this tool can be also been
undertaken by professionals as to become in order to effectively recommend whether offender
get placed in long term care.
It has been identified that with the execution of risk assessments system within federal
prisons inmates can effectively evaluated to identify that they are further eligible to gain
additional time credits in order to participate in rehabilitation programs that can further reduce
their score of recidivism (Christin, 2017). With this credits inmates can effectively allow to place
on pre-release custody. Along with this with the application of risk assessment tool assurance to
improve accuracy of professional judgement in context with future criminal behaviour, sexual
offending and violence offending can be maximized. In addition to this it has been evaluated that
this system is also being used by judges in order to undertake decision related to sentence death
free trial, detention, bail etc. Thus, according to the evaluation it has been evaluated that there are
number of aspects in which
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It has been evaluated that risk assessment is having both form of negative as well as
positive impact and further provide significant advantages as well as disadvantages in a
signification manner (Risk assessment tools in criminal justice and forensic psychiatry: The need
for better data. 2017). In context to this, it has been evaluated that, risk assessment is an essential
an integral aspect through which assessment of risk can be undertaken place in order to
overcome adverse impact. It has been evaluated that in criminal justice system implementation of
risk assessment provide different type of advantages, such as it help in undertaking protection of
offender’s likelihood to being risk to other for them. By taking proper evaluation of research
evidence that is being suggested by risk assessment criminal justice system can effectively
undertake decision (Duwe, 2014). Further it has been evaluated that, with the help of this tool
false charges or allegation on innocent individual can be evaluated. In addition to this it has been
evaluated that risk assessment also provides significant advantage by helping in proper
understanding of individual chances of re-offending in the community. Further it has been
identified that risk assessment in criminal justice system also effectively increase professional
judgement accuracy and further reduce or manage risk in effective manner. One of the most
important advantages of risk assessment tool is that it helps in reducing gives of bail further.
With the increase of risk assessment tool in criminal justice there is effective reliable, relevant
and biased accuracy of decision making that further protect against problematic type of
stigmatization as well as discrimination (Geraghty and Woodhams, 2015).
While on the other hand it has been identified that risk assessment tool in criminal justice system
also have potential ethical issues that further acts as disadvantage, as in this risk assessment tool
is being widely used in forensic psychiatric as well as criminal justice system. In terms with
forensic psychiatric it has been identified that health professionals with the implementation of
this tool fails to accomplish their professional obligations. As this has been identified that their
main obligation is to take care of their patient, build trust and further respect their preferences
(MacPhail and Verdun-Jones, 2014). This is one of the most important guideline of health
professional, while with the use of risk assessment tool which is somehow defined as unjustified,
as in this other values are majorly focused like justice or public protection rather concerning
towards benefit of assessed individuals.
According to the above discussion it has been evaluated that risk assessment in criminal justice
system have different type of benefit as well as disadvantage as with use of the risk assessment
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decision making process efficiency can be maximized. While on the other hand this tool is used
against assist individual best interest and further impact upon professional obligation, as it has
been signified that medical professionals are required to perform their act against individual
interest (King and Murphy, 2014). In addition to this, risk assessment is also having other forms
of disadvantages such as poor to moderate accuracy as it has been identified that most of the
individuals judged with false negatives.
This has been identified that risk assessment is being widely used in criminal justice
system in order to access risk that can further impact upon decision making process (Risk
assessment tools and criminal reoffending: Does bias determine who is “high risk”?, 2018). In
this different type of tools are being used in risk assessment in which some of them are mental
health professionals, psychologist and health professionals, as they have a most important role to
protect offenders behaviour and make accurate form of predictions in order to evaluate their
danger towards society and themselves (Peterson-Badali, Skilling and Haqanee, 2015). This has
been evaluated that risk assessment in terms with criminal justice system is being used in diverse
range of areas that include monitoring, sentencing, rehabilitation and realising decision volume
(Peterson-Badali, Skilling and Haqanee, 2015). It has been determined that different type of
approaches that are being used in assessing offender behaviour. In this main tools within this
approaches is clinical form of method in which different tools like statistical algorithm are being
effectively undertaken as to evaluate subcategories and categories within which individual risk
level falls. While in terms with clinical risk assessment it is an essential tool through which
expertise and knowledge of experts are being used in order to protect individual risk level
(Stevenson, 2018). Thus, it has been evaluated from the above mentioned discussion that with
the implementation of different type of tools in risk assessment individual future behaviour can
be protected in effective manner. However it has been identified that somehow psychologist and
psychiatrics experts those who undertake clinical approach are not undertaking valid actions as
their main objective is to retain trust of individual preferences.
Risk assessment tool is being utilised in criminal justice system in order to effectively offer
protection related to offender behaviour risk level towards other and themselves. This tool is
being utilised to provide information related to discharge, detention and patient management in
forensic process (Risk and Needs Assessment in the Criminal Justice System. 2020). Health
professional evaluate behaviour of offenders in order to access their behaviour and level of risk
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violence. In addition to this it has been elevated that this tool is also being used in federal prisons
in order to undertake different type of rehabilitation programs. With the implementation of this
system into different process of criminal justice system effective decision making is being
assured in order to overview risk and further undertake judgement related to individual risk
tendency (Monahan and Skeem, 2016). With the use of risk assessment tool offenders are
subjected to sentence for punishment. Thus, according to the evaluation it has been identified
that risk management is being implemented in criminal justice system in which health
professionals physicians effectively evaluate individual behaviour and this they are subjected to
further provide information’s and data to higher authorities like Judge, through which they
subject individual to punishment for bail.
CONCLUSION
As per according to the above mentioned report it has been concluded that risk assessment
is one of the most important aspect in criminal justice system that are widely being used in order
to undertake decision making in an effective manner. With the implementation of this tool into
various aspects individual behaviour can be assessed in efficient way as to further undertake
appropriate judgement. In this different type of tools are being used through which offenders get
evaluated. In addition to this it has been evaluated that risk assessment also possess advantages
and disadvantages on equal aspect, in this it is essential to understand negative as well as positive
impact of these as to undertake risk management opportunities in a well defined an effective
manner. In addition to this it is also essential to undertake valid tools to assess risk to undertake
this process in a feasible and reliable manner.
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REFERENCES
Books and Journals
Monahan, J., & Skeem, J. L. (2016). Risk assessment in criminal sentencing. Annual review of
clinical psychology, 12, 489-513.
Peterson-Badali, M., Skilling, T., & Haqanee, Z. (2015). Examining implementation of risk
assessment in case management for youth in the justice system. Criminal Justice and
Behavior, 42(3), 304-320.
Stevenson, M. (2018). Assessing risk assessment in action. Minn. L. Rev., 103, 303.
Duwe, G. (2014). The development, validity, and reliability of the Minnesota screening tool
assessing recidivism risk (MnSTARR). Criminal Justice Policy Review, 25(5), 579-613.
Geraghty, K. A., & Woodhams, J. (2015). The predictive validity of risk assessment tools for
female offenders: A systematic review. Aggression and violent behavior, 21, 25-38.
MacPhail, A., & Verdun-Jones, S. N. (2014). Mental illness and the criminal justice system.
International Centre for Criminal Law Reform and Criminal Justice Policy.
Christin, A. (2017). Algorithms in practice: Comparing web journalism and criminal justice. Big
Data & Society, 4(2), 2053951717718855.
Van Cleve, N. G., & Mayes, L. (2015). Criminal justice through “colorblind” lenses: A call to
examine the mutual constitution of race and criminal justice. Law & Social
Inquiry, 40(2), 406-432.
Sarma, K. M. (2017). Risk assessment and the prevention of radicalization from nonviolence into
terrorism. American Psychologist, 72(3), 278.
King, C., & Murphy, G. H. (2014). A systematic review of people with autism spectrum disorder
and the criminal justice system. Journal of autism and developmental disorders, 44(11),
2717-2733.
Online
Risk assessment tools in criminal justice and forensic psychiatry: The need for better data. 2017.
[Online]. Available Through
<https://www.sciencedirect.com/science/article/pii/S0924933816301894>
The Role of Risk Assessment in the Criminal Justice System: Moving Beyond a Return to the
Status Quo. 2020. [Online]. Available Through
<https://hdsr.mitpress.mit.edu/pub/60jfy7hm/release/4>
Risk and Needs Assessment in the Criminal Justice System. 2020. [Online]. Available Through
<https://nicic.gov/risk-and-needs-assessment-criminal-justice-system>
Risk assessment tools and criminal reoffending: Does bias determine who is “high risk”?. 2018.
[Online]. Available Through<https://www.in-mind.org/article/risk-assessment-tools-and-
criminal-reoffending-does-bias-determine-who-is-high-risk>
What Are Risk Assessments — and How Do They Advance Criminal Justice Reform?. 2020.
[Online]. Available Through<https://www.brennancenter.org/our-work/analysis-
opinion/what-are-risk-assessments-and-how-do-they-advance-criminal-justice-reform>
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