An audit may not be a punishment, technically speaking, but neither is being predictively policed,
technically. Neither is being stopped for a brief patdown because a suspect in an armed robbery is black and you happen to be black and within the vicinity.
The latter situation is most definitely an algorithm whether it be administered by a computer or human -- e.g. 1. is there a person in front of me. 2. Is this person male? 3. Is this person dark-skinned? 4. Is this person within X meters and inside a timeframe of Y minutes from a reported crime?
As for making judgments probabilistically; hate to break it to you, but that's already the status quo. Exhibit A: Probable cause.
And probabilistic thinking is most definitely behind sentencing guidelines. Let's take the recent and still controversial case of Brock Turner, the ex-Stanford swimmer convicted of sexual assault [0].
Aren't the following aspects of the Turner case all a manifestation of probabilities?
0. That his bail was set at $150,000, based on the likelihood of an accused (and not yet guilty) rapist of his status would break bond.
0.5 The likelihood that he did indeed sexually assault the victim and was not ignorant as to her state of consciousness or consent.
1. The recommended minimum sentence of 2 years in prison for his convicted crime.
2. The probation officer's recommendation that he be given a "moderate" county jail sentence.
3. The judge's determination that Turner, based on his lack of prior criminal record, be given 6 months in county jail.
4. The county jail's determination that Turner serve only 3 months in county jail because of good behavior.
5. The post-incarceration penalty that comes with Turner to be thought of as a Tier III sex offender, which means he has to register 4 times a year (presumably based on some statistic that that's enough polling frequency to adequately track him), for the rest of his life.
Note: I'm not implying that you agree with any of these aspects of the case. Just saying that if you're concerned about statistics and likelihood playing a part in our criminal system, then that ship has long sailed. In defense of the machines, if a machine had been the sole determiner of Turner's sentence, we'd at least be able to audit it and know how it weighted things. With the human judge, we don't have a clue as to whether the judge's personal relationship with Stanford was a factor, or even if he read the probation officer's report correctly when giving the seemingly light sentence. Hell, we don't even know how the probation officer interpreted the victim's wishes [1]
[0] http://www.daytondailynews.com/news/news/crime-law/greene-co...
[1] http://www.cbsnews.com/news/probation-official-called-brock-...