I the example you gave I would actually put the blame the software provider. It wouldn't be ridiculously difficult to anonimize the data, get rid of name, race, gender, and leave only the information about the crime committed, the evidence, any extenuating circumstances, and the judgment.
It's more difficult then simply throwing in all the data, but it can and should be done. It could still contain some bias, based on things like the location of the crime. But the bias would be already greatly reduced.