Michele Miravalle

Problems and Concerns about the Use of Technical Tools in Criminal Justice: Towards a Judge as the Mouthpiece of Technology?

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Abstract

The article carries out a recognition of the debate on the use of technical tools in the field of criminal justice such as algorithms, Artificial Intelligence, robotic decisions, Big Data and neurocognitive data. Moving from the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment, adopted by the Council of Europe, the author makes a proposal for classification of these tools, based on the diagnostic or prognostic character and on the degree of autonomy with respect to human inputs, highlighting the main concerns, especially as regards the marginalization of the judicial culture.

Keywords

  • Determinism
  • Algorithmic bias
  • Neo-positivism

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