What the evidence says
Across three widely-studied instruments — COMPAS, the Public Safety Assessment (PSA), and the Virginia Pretrial Risk Assessment Instrument (VPRAI) — the evidence agrees on direction more than it disagrees: field-deployed pretrial risk tools show measurable racial disparities in error rates, and those disparities carry through into judicial decisions rather than being neutralized by them. On COMPAS, Black defendants are almost twice as likely as white defendants to be labeled high-risk despite not reoffending, and twice as likely to be misclassified as high-risk for violent recidivism specifically, while white defendants misclassified as low-risk go on to reoffend at a rate one source reports as 63% higher than the equivalent Black-defendant misclassification rate. On PSA, the failure-to-appear scale is less predictive for Black defendants (ROC = 0.612) than for white defendants (ROC = 0.655), even though the tool's calibration is not measurably different by race for two of its three risk scores. VPRAI shows the sharpest documented racial gap in recommendations: among defendants who are in fact at risk of reoffending or failing to appear, VPRAI recommends detention for 86.0% of Black defendants versus 49.3% of white defendants, a 36.7-percentage-point gap.
On raw predictive accuracy, the evidence is more settled and less contested: interpretable models using only age, gender, and prior record show no measured accuracy difference from COMPAS, which can draw on up to 137 inputs, and PSA's overall predictive utility (about 64%) matches COMPAS. Model complexity, in other words, is not what is producing the disparities described above — the disparities show up in tools regardless of how many inputs they use.
Judicial behavior compounds rather than corrects these gaps. Judges follow PSA "do not release" recommendations in over 90% of cases, and 80% of surveyed judges report that PSA "always" or "often" informs their release decision — high, consistent reliance on the tool's output. But that reliance is asymmetric: with VPRAI, judges correctly detain in 84.9% of cases carrying a detention recommendation, but correctly release in only 54.7% of cases carrying a release recommendation, and this asymmetry falls unevenly by race. Among defendants not actually at risk who received a VPRAI release recommendation, white defendants are released 60.3% of the time versus 49.0% of Black defendants, and wrongful detention (detaining someone with no true pretrial-failure risk) occurs in 51.4% of Black-defendant cases versus 39.7% of white-defendant cases.
At the aggregate level, the evidence on what these tools actually do to incarceration is thin and points against the expectation that motivated their adoption: recent findings show either no measured effect on incarceration rates at all, or a decrease much smaller than initially hoped. The literature attributes this in large part to heterogeneous judicial compliance with tool recommendations, and one study ties differential compliance — judges in whiter counties complying more, and overrides of low/moderate-risk scores happening more often for Black than white defendants — directly to an increased racial gap in incarceration after deployment. On PSA specifically, deployment in San Francisco is reported to coincide with increased release rates at pre-arraignment and early-stage proceedings, though this rests on a single interview rather than a quantitative before/after comparison.
One outcome the sources do not cover with any specificity: the magnitude of PSA's gender disparity. The evidence establishes that PSA's new-violent-criminal-activity score produces a higher false-positive rate for women than men, but no claim here quantifies that gap the way the racial disparities are quantified.
Where the evidence splits
Findings on the aggregate incarceration effect of risk-tool deployment disagree on magnitude: one line of research finds no impact at all on incarceration rates, while another finds a decrease, but of much smaller magnitude than initially expected. The source citing both does not reconcile which is correct or what separates the two results — it offers heterogeneous judicial compliance as a general explanation for why outcomes fall short of expectations, but does not explain why some studies land on zero effect and others on a small-but-nonzero one. That specific gap is unexplained by the sources on this page.
PSA's own results show a tension between calibration and discrimination that the source itself explains: PSA is reported as relatively well calibrated between white and Black defendants for two of its three risk scores, yet its failure-to-appear scale is measurably less predictive for Black defendants (ROC 0.612) than white defendants (ROC 0.655). The source notes that calibration parity and error-rate balance are mathematically incompatible — a tool can satisfy one criterion or the other but not necessarily both at once — which is why PSA can show no measured calibration gap while simultaneously showing a discrimination gap.
Findings
Simplified, interpretable risk models show no measured accuracy difference from COMPAS on benchmark data
confidence — direction: mediumconfidence — magnitude: mediumconsensus: settled — two independent sources agree
- mechanism
- not specified in claims
- effect
- a model using only age, gender, and prior criminal record performs comparably to COMPAS (up to 137 inputs); PSA's overall predictive utility is about 64%, matching COMPAS
- conditions / moderators
- measured on benchmark/validation datasets; whether this holds outside those datasets is not established
COMPAS increases false-positive risk labeling for Black defendants and false-negative risk labeling for white defendants
confidence — direction: highconfidence — magnitude: high for the quantified comparisons; low for the general/unquantified claimsconsensus: settled — multiple independent sources agree directionally
- mechanism
- not specified in claims
- effect
- Black defendants are almost twice as likely as white defendants to be labeled high-risk despite not reoffending; white defendants are much more likely than Black defendants to be labeled low-risk but go on to reoffend (magnitude not quantified); for violent recidivism specifically, Black defendants are twice as likely to be misclassified high-risk, and white violent recidivists are 63% more likely to be misclassified low-risk than Black violent recidivists
- conditions / moderators
- whether the disparity is driven by differing base rates of actual recidivism between groups is not established
PSA decreases predictive discrimination for Black defendants on failure-to-appear risk
confidence — direction: highconfidence — magnitude: highconsensus: thin — single source
- mechanism
- not specified in claims
- effect
- ROC = 0.612 for Black defendants vs. ROC = 0.655 for white defendants on the failure-to-appear scale
- conditions / moderators
- whether driven by model design vs. historical bias in underlying data, and whether it generalizes to other jurisdictions, not established
PSA shows no measured calibration disparity by race for two of three risk scores
confidence — direction: mediumconfidence — magnitude: mediumconsensus: thin — single source
- mechanism
- not specified in claims
- effect
- no measured racial disparity in calibration for 2 of 3 PSA risk scores
- conditions / moderators
- calibration parity coexists with the discrimination gap above; the source notes calibration and error-rate balance are mathematically incompatible
High PSA risk scores increase false-positive classifications, most sharply for violent-crime predictions
confidence — direction: highconfidence — magnitude: highconsensus: thin — single source
- mechanism
- low base rates of failure-to-appear and violent recidivism mechanically inflate false-positive rates at the top score
- effect
- defendants with an FTA risk score of 5 have a 75% false positive rate; defendants classified high-risk for new violent criminal activity have a 97% false positive rate
- conditions / moderators
- specific to the highest risk tier; whether this holds across other periods or jurisdictions not established
PSA new-violent-crime scores increase false positives for women relative to men
confidence — direction: mediumconfidence — magnitude: lowconsensus: thin — single source
- mechanism
- not specified in claims
- effect
- higher false positive rate for women than men on the new-violent-criminal-activity score; magnitude not quantified
- conditions / moderators
- not established
VPRAI achieves high specificity but moderate sensitivity in classifying true pretrial-failure risk
confidence — direction: highconfidence — magnitude: mediumconsensus: thin — single source
- mechanism
- not specified in claims
- effect
- 67.5% sensitivity (correctly recommends detention for defendants at true risk) and 99.6% specificity (correctly recommends release for defendants not at true risk)
- conditions / moderators
- estimated via a two-stage misclassification model; depends on the validity of that model's assumptions
VPRAI increases detention recommendations for Black defendants relative to white defendants, at both true and false risk
confidence — direction: highconfidence — magnitude: medium for the true-risk gap; low for the no-true-risk estimateconsensus: thin — single source, internally consistent
- mechanism
- not specified in claims
- effect
- among defendants at true risk of reoffending/FTA, VPRAI recommends detention for 86.0% of Black defendants vs. 49.3% of white defendants (36.7 pt gap); among defendants not at true risk, the model still estimates a race gap (coefficient 15.341 ± 0.603 relative to white defendants), implying near-100% detention recommendation for Black defendants under perfect separation
- conditions / moderators
- the no-true-risk estimate carries extremely high standard error from perfect separation in model estimation
Judges increase deviation from VPRAI release recommendations relative to detention recommendations, and increase this deviation for Black defendants
confidence — direction: highconfidence — magnitude: mediumconsensus: thin — single source
- mechanism
- not specified in claims
- effect
- judges correctly detain in 84.9% of VPRAI-detention-recommended cases but correctly release in only 54.7% of VPRAI-release-recommended cases; among defendants not at true risk with a VPRAI release recommendation, white defendants are released 60.3% of the time vs. 49.0% for Black defendants (11.3 pt gap); wrongful detention occurs in 39.7% of white-defendant cases vs. 51.4% of Black-defendant cases (11.7 pt gap)
- conditions / moderators
- estimates depend on the two-stage misclassification model recovering true error rates
Judges follow risk-tool recommendations and report high reliance on them
confidence — direction: highconfidence — magnitude: highconsensus: thin — single source
- mechanism
- not specified in claims
- effect
- judges follow PSA "do not release" recommendations in over 90% of cases; 80% of surveyed judges report the PSA "always" or "often" informs their release decision
- conditions / moderators
- sourced from stakeholder interviews and self-report survey rather than systematic audit; whether the rate holds uniformly across jurisdictions not established
PSA deployment coincides with increased pretrial release rates in San Francisco
confidence — direction: mediumconfidence — magnitude: lowconsensus: thin — single source
- mechanism
- not specified in claims
- effect
- increased proportion of defendants released at pre-arraignment and early-stage proceedings following PSA deployment
- conditions / moderators
- based on a single interview with the San Francisco Deputy Public Defender, without quantitative before/after comparison
Risk-tool deployment shows no measured or smaller-than-expected decrease in incarceration rates
confidence — direction: highconfidence — magnitude: mediumconsensus: contested on magnitude (no effect vs. smaller-than-expected decrease); agreed that results fall short of ex ante expectations
- mechanism
- heterogeneous judicial compliance with tool recommendations
- effect
- recent findings show either no measured impact on incarceration rates, or a decrease of much smaller magnitude than initially expected
- conditions / moderators
- whether findings reflect a true null effect or a genuinely smaller effect, and how this varies across jurisdictions, not established
Differential judicial compliance by race increases racial incarceration disparities after risk-tool deployment
confidence — direction: highconfidence — magnitude: high for the mechanism study; medium overallconsensus: settled within the cited literature
- mechanism
- judges in whiter counties comply with tool recommendations at higher rates (geographic variation); overrides of low- and moderate-risk recommendations occur more often for Black defendants than white defendants (individual-level variation)
- effect
- increased black-white (and poor-rich) disparities in incarceration in the post-deployment period
- conditions / moderators
- documented in specific cited studies; whether it replicates across other jurisdictions not established