Abstract

The article aims to provide an overview about some implications of emerging AI applications in justice. In particular some of the issues raised by the use of Predictive Justice in criminal law are examined. For example the enhancement of the bias contained in the algorithms due to the programming and the opacity of big data decisions due to machine learning. The Author argues that Predictive Justice – antithetical to Interpretative Justice – is likely to overwhelm fundamental requirements of law, such as the transparency in producing law and the connection between law and fact. On the basis of EU guidelines, it is proposed to adopt a trusthworthy approach with respect to AI, with the aim of reconciling machine learning with the principle of non-discrimination and strict protection of fundamental rights.