New and events of the Philadelphia Bar Asso.
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I n 2010, Act 95 mandated the Pennsylvania Commission on Sentencing to come up with a risk assessment tool to be used at the sentencing stage of a criminal trial. Pennsylvania could soon be one of the first states to base criminal sentences on risk assessment data, in addition to the details of the crime committed. The risk assessment would be used to ascertain the likelihood of convict recidivism. Stemming from advances in social science, risk assessments have gained traction in the justice system. Mostly, risk assessments are used to determine bail or parole. The plan being developed for sentencing by the Commission could determine in Pennsylvania if low-risk offenders receive shorter prison sentences or high-risk offenders receive longer prison sentences. The Commission found through studies that the most commonly cited risk factors for recidivism included criminal history, employment and education. Politically, the idea of sentencing based on risk assessments has appeal on both sides of the aisle. Conservatives appreciate the benefit of spending money on only the most dangerous prisoners. Liberals see a data-driven system as a less punitive justice model that would correct for biases of police, judges and probation officers. However, critics decry the use of risk assessment in sentencing because they say traits determined through, essentially, questionnaires are unfair. The proposed assessment tool in Pennsylvania includes questions for assessment of risk that an individual would have no control over, like sex and age. It also includes questions based on where offenders live, something critics say marginalizes minorities who are concentrated in urban areas. However, the Commission says that they are leaning toward using the tool to identify outliers. The question to ask regarding the use of risk assessment in sentencing is, what are the goals of criminal justice reform? The risk assessment tool can statistically determine what chance an offender has of recidivism, but it is up to lawmakers to decide what to do with the information. For more information on Pennsylvania's plan, visit www. themarshallproject.org/2015/08/04/the- new-science-of-sentencing L egal work has changed dramatically in the past few years. Robert Half Legal's Future Law Office research examines how client demands are affecting the delivery of legal services. Here are two tips for adapting to current legal workplace trends: 1. Adopt a business mindset. Corporate legal clients have seen an increase in choice of vendors and access to legal services, which has led them to seek added value from legal counsel. This trend has resulted in law firms developing a business-focused mindset, including specializing their scope of work and creating dedicated legal teams for specific industries. Firms are also creating non-partnership-track risk assessment ■ adapting to trends ■ look north ■ in memoriam Briefs Briefs 6 the philadelphia lawyer Fall 2015 2 Key Trends Changing Daily Tasks Risk Assessment in Criminal Sentencing