From Joe Palazzolo at the WSJ:
There is no research yet on whether the use of risk evaluations in sentencing has aggravated, for example, the gap between sentences for black and white men for similar crimes.
Ms. Starr said the disparities created by risk measures are evident. “When it comes down to it, these assessments stand for the proposition that judges should sentence people longer because they were in foster care as children or had too many bouts of unemployment,” she said.
Christopher Slobogin, a Vanderbilt University law professor, said the alternative was potentially worse. “At least these risk-assessment instruments don’t explicitly focus on race or poverty, unlike what might occur in a sentencing regime where judges are making risk assessments based on seat-of-the-pants evaluations,” he said.
Some observers, such as U.S. District Judge Richard Kopf in Nebraska, say age or race should be considered if doing so yields a more accurate measurement of risk. He wrote in a blog post last month: “If race, gender or age are predictive as validated by good empirical analysis, and we truly care about public safety while at the same time depopulating our prisons, why wouldn’t a rational sentencing system freely use race, gender or age as predictor of future criminality?”
There is more here.