Pretrial detention is a debated and controversial measure since it is an exception to the principle of the presumption of innocence. To determine whether and to what extent legal systems make exces- sive use of pretrial detention, an empirical analysis of judicial practice is needed. The paper presents some preliminary results of experimental re- search aimed at identifying the relevant factors on the basis of which Ital- ian and Brazilian Supreme Courts impose the measure. To analyze and extract the relevant predictive-features, we rely on unsupervised learn- ing approaches, in particular association and clustering methods. As a result, we found common factors between the two legal systems in terms of crime, location, grounds for appeal, and judge’s reasoning.
Marco Billi, F.L. (2023). Unsupervised Factor Extraction from Pretrial Detention Decisions by Italian and Brazilian Supreme Courts. Cham : Springer [10.1007/978-3-031-22036-4_7].
Unsupervised Factor Extraction from Pretrial Detention Decisions by Italian and Brazilian Supreme Courts
Marco Billi;Francesca Lagioia;Giovanni Sartor
2023
Abstract
Pretrial detention is a debated and controversial measure since it is an exception to the principle of the presumption of innocence. To determine whether and to what extent legal systems make exces- sive use of pretrial detention, an empirical analysis of judicial practice is needed. The paper presents some preliminary results of experimental re- search aimed at identifying the relevant factors on the basis of which Ital- ian and Brazilian Supreme Courts impose the measure. To analyze and extract the relevant predictive-features, we rely on unsupervised learn- ing approaches, in particular association and clustering methods. As a result, we found common factors between the two legal systems in terms of crime, location, grounds for appeal, and judge’s reasoning.File | Dimensione | Formato | |
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