The Bail Reform Act was supposed to authorize detention for a narrow set of people: those who are highly dangerous or pose a high risk of absconding. But in many cases, judges and prosecutors are jailing people for reasons not allowed by the statutory rules. It is time to bring federal pretrial detention practices back in line with the law.

Pretrial risk assessment tools have emerged as the favored reform in the movement to lower pretrial jailing and limit the abuses of money bail. Critics have voiced concern, however, over the threat that risk assessments perpetuate racial bias inherent in the criminal justice system. When a risk assessment tool recommends that a client be detained or released with conditions — particularly a client of color — lawyers must be prepared to point out the tool’s limitations and biases.

Promoted as a method to combat inherent bias in the criminal justice system, risk assessment instruments are being adopted around the country at the pretrial and parole phases. While advocates claim that risk assessment algorithms can reduce the impact of bias in the criminal justice system, opponents caution otherwise.