Eugenic Criminology and the Birth of Predictive Algorithms in Criminal Justice

This law review article written by Professors Megan T. Stevenson and Robynn J.A. Cox uncovers the eugenic origins of risk assessment tools and highlights how modern-day uses of risk assessments for preventive detention still perpetuate eugenic criminology, albeit with new terminology. This article challenges the ongoing influence of eugenics in identifying who is “high risk” and “dangerous,” which the authors argue “may simply be the modern equivalents of ‘degeneracy’ and ‘defectiveness.’” This article offers a caution for defenders and advocates to examine the underlying historical roots of risk assessment instruments to critically evaluate manifestations of its eugenics foundation in modern-day practice.