Artificial intelligence in the context of crime and criminal justice system - A threat for the rights of the accused?

• Author: Agata Ziobron
• Pages: 403-415

403

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A threat for the rights of the accused?

Agata Ziobro

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1. AI NEUROPREDICTION, PROCEDURAL RULES AND HUMAN

RIGHTS

Artificial Intelligence is “the science and engineering of making intelligent

machines, especially intelligent computer programs. It is related to the similar

task of using computers to understand human intelligence, but AI does not have

to confine itself to methods that are highly biologically observable.” 1

So far, as A. Završnik points, most actual employment of AI in criminal

procedure has occurred in the United States2. Presently, AI in criminal justice

system is used mainly to predict recidivism3. Neuroprediction is a way to use

data related to structural and functional brain or nervous system traits to predict

1 MCCARTHY, J. “What Is Artificial Intelligence ?” http://wwwformal.stanford.edu/jmc/

whatisai.pdf. (Accessed: 14 November 2020).

2 ZAVRŠNIK, A., “Criminal justice, artificial intelligence systems, and human rights”, “ERA

Forum” no. 20, pp. 567–583.

3 TORTORA, L., MEYNEN, G., BIJLSMA, J., TRONCI, E., FERRACUTI, S.

“Neuroprediction and A.I. in Forensic Psychiatry and Criminal Justice: A Neurolaw Perspective”,

“Frontiers in Psychology”, vol. 11 220.