Algoritmi predittivi e discrezionalità del giudice: una nuova sfida per la giustizia penale

Translated title of the contribution: [Autom. eng. transl.] Predictive algorithms and judge's discretion: a new challenge for criminal justice

Research output: Contribution to journalArticle

Abstract

In the United States predictive alghorithms of recidivism risk are used in the ordinary unfolding of process, not only in the phase that precedes the judgement but also in sentencing. The article aims to analyze algorithmic risk assessment tools’ structure, highlighting all the cricalities that connote these softwares. Particular emphasis will be placed on the inaccessibility of the instrument, which currently operates as a black-box, but also on the fact that the outcome of such algorithms could condition the judge’s decision. Nevertheless, new artificial intelligence technologies, if properly understood and applied, could find operation also in our system and in particular at the time of determining the content of the sanction, which could finally be understood as a project and not as mere retribution.
Translated title of the contribution[Autom. eng. transl.] Predictive algorithms and judge's discretion: a new challenge for criminal justice
Original languageItalian
Pages (from-to)401-414
Number of pages14
JournalDIRITTO PENALE CONTEMPORANEO
Volume2019/2
Publication statusPublished - 2019

Keywords

  • algoritmi predittivi, recidiva, COMPAS, pregiudizio razziale, pericolosità sociale, perizia psicologica
  • predictive alghorithms, recidivism risk, racial bias, parole

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