One of the crucial challenges of social and economic development in current times concerns how States will be able take advantage and make an appropriate use of AI and ML systems. The ability of AI systems to interact with the most diverse areas of human life has also had an impact on the thinking of legal experts, making increasing inroads into lawyers’ reflection. In fact, the possibility to use AI and ML systems to deal with the most diverse fields of the law constitutes a matter of study and engagement for lawyers, both practitioners and academics, no matter what their cultural background is. This cultural attitude toward the potentialities deriving from the interaction between AI and the law is even involving criminal justice, where the theoretical analysis has begun for various years, and relevant studies have been published , although the number of cases in which AI programs have actually been used as a support tool for adjudication does not amount to more than can be counted on the fingers of one hand. The European Union and the Council of Europe seem to be aware of the relevant and numerous interactions that may arise from the use of AI systems in the administration of criminal justice. This is confirmed by two well-known documents, the first issued by the European Commission for the Efficiency of Justice (CEPEJ) and the second by the European Parliament. The CEPEJ, on 2018, adopted the first European Ethical Charter on the use of artificial intelligence in judicial systems, with the ambition to provide “a framework of principles that can guide policy makers, legislators and justice professionals when they grapple with the rapid development of AI in national judicial processes” . The LIBE Committee of the European Parliament commissioned a study, published in July 2020, with regard to the effects on fundamental rights deriving from the use of AI systems in the area of law enforcement

Dangerous Liaisons. Potentialities and Risks Deriving from the Interaction between Artificial Intelligence and Preventive Justice

caianiello
2021

Abstract

One of the crucial challenges of social and economic development in current times concerns how States will be able take advantage and make an appropriate use of AI and ML systems. The ability of AI systems to interact with the most diverse areas of human life has also had an impact on the thinking of legal experts, making increasing inroads into lawyers’ reflection. In fact, the possibility to use AI and ML systems to deal with the most diverse fields of the law constitutes a matter of study and engagement for lawyers, both practitioners and academics, no matter what their cultural background is. This cultural attitude toward the potentialities deriving from the interaction between AI and the law is even involving criminal justice, where the theoretical analysis has begun for various years, and relevant studies have been published , although the number of cases in which AI programs have actually been used as a support tool for adjudication does not amount to more than can be counted on the fingers of one hand. The European Union and the Council of Europe seem to be aware of the relevant and numerous interactions that may arise from the use of AI systems in the administration of criminal justice. This is confirmed by two well-known documents, the first issued by the European Commission for the Efficiency of Justice (CEPEJ) and the second by the European Parliament. The CEPEJ, on 2018, adopted the first European Ethical Charter on the use of artificial intelligence in judicial systems, with the ambition to provide “a framework of principles that can guide policy makers, legislators and justice professionals when they grapple with the rapid development of AI in national judicial processes” . The LIBE Committee of the European Parliament commissioned a study, published in July 2020, with regard to the effects on fundamental rights deriving from the use of AI systems in the area of law enforcement
File in questo prodotto:
File Dimensione Formato  
ECCL_29_1_Editorial.pdf

accesso riservato

Descrizione: Versione pdf dell'articolo su Artificial Intelligence e Preventive Justice
Tipo: Versione (PDF) editoriale
Licenza: Licenza per accesso riservato
Dimensione 238.97 kB
Formato Adobe PDF
238.97 kB Adobe PDF   Visualizza/Apri   Contatta l'autore

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/820452
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 2
  • ???jsp.display-item.citation.isi??? 1
social impact