Judging the algorithm: A case study on the risk assessment tool for gender-based violence implemented in the Basque country

Abstract: Since 2010, the output of a risk assessment tool that predicts how likely an individual is to commit severe violence against their partner has been integrated within the Basque country courtrooms. The EPV-R, the tool developed to assist police officers during the assessment of gender-based violence cases, was also incorporated to assist the decision-making of judges. With insufficient training, judges are exposed to an algorithmic output that influences the human decision of adopting measures in cases of gender-based violence. In this paper, we examine the risks, harms and limits of algorithmic governance within the context of gender-based violence. Through the lens of an Spanish judge exposed to this tool, we analyse how the EPV-R is impacting on the justice system. Moving beyond the risks of unfair and biased algorithmic outputs, we examine legal, social and technical pitfalls such as opaque implementation, efficiency's paradox and feedback loop, that could led to unintended consequences on women who suffer gender-based violence. Our interdisciplinary framework highlights the importance of understanding the impact and influence of risk assessment tools within judicial decision-making and increase awareness about its implementation in this context.