Sentencing, by the Numbers


IN a recent letter to the United States Sentencing Commission, Attorney General Eric H. Holder Jr. sharply criticized the growing trend of evidence-based sentencing, in which courts use data-driven predictions of defendants’ future crime risk to shape sentences. Mr. Holder is swimming against a powerful current.

Guilty of... being slightly more likely to be guilty of something in the future? How is this not un-Constitutional (regardless of its moral component)?