Research on the Evidence Access and Judicial Review Mechanism of Personal Risk Assessment Reports

Abstract

As big data, machine learning, and automated analytics increasingly enter the field of criminal justice,Personal risk assessment reports are widely used in criminal justice processes such as pre-trial detention, sentencing, and community corrections, significantly impacting the rights of the parties involved. However, their evidentiary status has long been ambiguous, often regarded only as a case reference, leading to practical problems such as inadequate cross-examination, arbitrary acceptance of evidence, and algorithmic risks. This study, based on the fundamental tenets of the law of evidence, systematically demonstrates the legal basis for classifying them as expert opinions within the current legal framework from the dimensions of basic attributes and constituent elements, clarifying their evidentiary qualifications and access path; and constructs a four-dimensional review rule of "subject-content-procedure-scientificity." Simultaneously, addressing the theoretical tension between predictability and retrospection, it proposes a two-step institutional path: "currently classified as expert opinions + long-term independent classification."