Artificial Intelligence, Computational Modelling and Criminal Proceedings

1. Front Matter

   Pages i-xvii

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2. Introducing the Problem

   1. Front Matter

      Pages 1-1

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   2. Approaching the Unknown: Some Preliminary Words

      • Serena Quattrocolo

      Pages 3-12

   3. A Theoretical Framework for the Discussion on AI and Criminal Law

      • Serena Quattrocolo

      Pages 13-34

3. Direct and Indirect Impact of Widespread Computational Modelling on Evidence Gathering

   1. Front Matter

      Pages 35-35

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   2. Hacking by Law-Enforcement: Investigating with the Help of Computational Models and AI Methods

      • Serena Quattrocolo

      Pages 37-71

   3. Equality of Arms and Automatedly Generated Evidence

      • Serena Quattrocolo

      Pages 73-98

4. Challenges of Computational Methods to the Judicial Decision-Making Process: Deciding v. Predicting

   1. Front Matter

      Pages 99-99

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   2. Predictability and Criminal Justice

      • Serena Quattrocolo

      Pages 101-130

   3. Predictability of Violent Behaviour and Recidivism

      • Serena Quattrocolo

      Pages 131-180

   4. Predictability and the Criminal Justice Decision-Making Process

      • Serena Quattrocolo

      Pages 181-224

   5. The Gist of the Inquiry

      • Serena Quattrocolo

      Pages 225-230

This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of ‘predictive justice’ in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of ‘prediction’ in criminal proceedings.

• Artificial intelligence
• Criminal proceedings
• Computational modelling
• Predictive justice
• Digital evidence
• Equality of arms
• Fair trial
• Risk assessment
• Quantitative legal prediction
• Stare decisis

• Department of Law, Politics, Economics and Social Science, University of Eastern Piedmont, Alessandria, Italy

  Serena Quattrocolo

Serena Quattrocolo is ​Full Professor of Italian and European Criminal Procedure at the University of Eastern Piedmont, Dean of the Law School, former academic co-director of the Center for Transnational Legal Studies, London. Major research fields: European and comparative criminal procedure, Italian criminal procedure. In recent years, the focus turned to applications of AI to criminal justice and automatedly generated evidence.

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