Whatever we do we have to make it “fair” for the criminal…
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Attorney General Eric Holder cautioned against the use of data in sentencing criminal defendants, saying judges should base punishment on the facts of a crime rather than on statistical predictions of future behavior that can be unfair to minorities.

In a speech Friday to criminal defense lawyers, Holder said he is concerned that judges in several states have begun factoring in “risk assessments,” such as a defendant’s education, neighborhood or socioeconomic background, in imposing sentences. Those risk assessments use aggregate data analysis in part to predict the likelihood that a particular defendant will commit more crimes.