This article considers the notion of predictive justice, assessing the new possibilities it opens up and, at the same time, the potential dangers associated to the application of algorithmic computer tools to the legal field. These issues are to be considered distinguishing the use of predictive justice by judges and police authorities from its use by the parties, their lawyers and legal advisors. Furthermore, we envisage the current norms, institutional statements and legislative propositions concerning predictive justice within the European common legal space. We conclusively assert that, in constitutional democracies, the role of the intelligent machine in the activities of the police and judicial authorities must remain a form of support and enhancement of human decision-making and cannot replace it.
Zolea, S. (2023). Predictive Justice: between opportunities and dangers. THE COESPU MAGAZINE, ADVANCED STUDIES, II(1), 9-24.
Predictive Justice: between opportunities and dangers
sirio zolea
2023-01-01
Abstract
This article considers the notion of predictive justice, assessing the new possibilities it opens up and, at the same time, the potential dangers associated to the application of algorithmic computer tools to the legal field. These issues are to be considered distinguishing the use of predictive justice by judges and police authorities from its use by the parties, their lawyers and legal advisors. Furthermore, we envisage the current norms, institutional statements and legislative propositions concerning predictive justice within the European common legal space. We conclusively assert that, in constitutional democracies, the role of the intelligent machine in the activities of the police and judicial authorities must remain a form of support and enhancement of human decision-making and cannot replace it.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.