When using their subjective judgement alone, judges might overestimate a defendant’s risk of reoffending and impose too harsh a sentence. In addition to using them for sentencing, judges also use pre-trial risk assessments when setting bail.
Risk assessments help judges gauge a defendant’s recidivism risk and identify the defendant’s “criminogenic needs,” enabling them to tailor consequences and responses to the individual defendant. Risk assessment results not only suggest potential prison sentences, but also rehabilitation or mental health services. Judges should not rely solely on risk assessment results in sentencing, and our lawyers can help if we think they are being used unfairly against you.
For a free case assessment from our Provo, UT criminal defense lawyers, call Overson & Bugden at (801) 758-2287.
How Are Risk Assessments Used During Criminal Sentencing?
Judges often use “validated risk assessments” to help them gauge a defendant’s risk to the public and inform sentencing decisions in Utah.
Assess Recidivism Risk
One of the main goals of sentencing is to reduce the risk of recidivism, or the likelihood of reoffending upon release. Validated risk assessments might indicate how likely the defendant is to reoffend. Suppose they are convicted of a violent or sexual offense. In that case, recidivism risk might be a more concerning factor for the judge imposing the sentence.
Validated risk assessments use many factors to predict recidivism, including criminal history, support system, age, and employment and education status.
Identify Criminogenic Needs
Criminogenic needs are factors that put defendants at a higher risk of reoffending if not intentionally addressed. Sentencing should seek to address a defendant’s criminogenic needs, which include the following:
- History of antisocial behavior
- Antisocial cognition
- Antisocial personality pattern
- Antisocial associates
- Negative family or marital circumstances
- Bad performance at work or school
- Substance abuse
Tailor Treatment and Sentencing
In identifying criminogenic needs and a defendant’s chances of reoffending, risk assessments help judges determine the appropriate sentence. Criminogenic needs signal the type of treatment the defendant may need instead of prison time, like for substance abuse issues or mental health issues. Treatments and sentencing recommendations from risk assessments generally aim to reduce the risk of recidivism and to actively rehabilitate the individual.
How Are Risk Assessments Used Before Criminal Trials in Utah?
Utah’s Public Safety Assessment (PSA) is a pre-trial tool. Rather than helping judges decide on sentencing and treatment, the PSA helps them set bail.
The PSA tool predicts the defendant’s likelihood of appearing in court, posing a violent risk, or committing a new crime while out on bail and facing the current criminal charges in Utah.
Judges consider factors like previous violent convictions, failures to appear in court, or bail, probation, or parole violations when using the PSA.
The PSA uses the following factors to identify high-risk defendants facing trial:
- Age at time of arrest
- Violence of the current offense
- Pending charges at the time of the offense
- Prior misdemeanor, felony, or violent conviction
- Prior failure to appear in court within the past two years or longer
- Prior incarceration
Do Judges Only Use Risk Assessments During Sentencing?
Risk assessments are not a substitute for a judge’s own judgment and experience. While risk assessments can be useful tools, the judge in your case should not rely on a risk assessment alone to inform their sentencing decisions.
While judges may be influenced by risk assessment results, they must follow Utah’s sentencing guidelines. Even if an assessment classifies a defendant as a high-risk individual, the judge can only impose the maximum sentence for the offense for which the defendant is convicted.
Risk assessments are not always accurate, nor do they provide a complete picture of a defendant. The judge in your case should not rely solely on a risk assessment, but should also consider your respectful conduct during the trial, appearance at all mandatory court appearances, and observation of all bail conditions.
FAQs About Risk Assessments and Criminal Sentencing in Utah
Are There Different Validated Risk Assessments in Utah?
In addition to the general risk assessment, there are also specific tools for evaluating the recidivism risk of sexual offenses in Utah. Judges may also use specific assessments in juvenile cases.
How Often Are Risk Assessments Inaccurate?
Risk assessments cannot perfectly predict a defendant’s chances of reoffending while out on bail or after being convicted of a crime, especially when incorrect information about the defendant’s arrests, convictions, and sentencing is used.
How Do You Review Risk Assessment Results?
Suppose the judge in your case uses a validated risk assessment to help determine your sentence, or uses the PSA when assessing initially bail. In either case, our lawyers will receive and review the report before the judge finalizes any decisions based on it in court.
Can You Contest Risk Assessment Results?
Our Salt Lake City criminal defense lawyers will have the chance to clarify the results of a risk assessment and explain why they are inaccurate. We can explain why prior convictions from long ago do not reflect who you are today and why you are not a flight risk while out on bail, despite unfavorable risk assessment results.
Do Judges Have to Follow Risk Assessment Results?
Judges aren’t obligated to heed risk assessment results when imposing a sentence in Utah. These tools are just part of a judge’s arsenal for determining the appropriate sentence and treatment for a convicted individual.
How Often Do Judges Use Risk Assessments During Sentencing in Utah?
The Utah Sentencing Commission encourages judges to use validated risk assessments during sentencing, but not to use these tools as a substitute for carefully evaluating all aggravating or mitigating factors, weighing victim impact statements, following sentencing guidelines, and considering the nature and severity of the offense itself.
Call Our Defense Attorneys in Utah for Help Today
For a free case evaluation from our West Jordan, UT criminal defense lawyers, call Overson & Bugden at (801) 758-2287.
