Predictive algorithms and criminal justice: expectations, challenges and a particular view of the Spanish VioGén system

The irruption in the field of the Administration of Justice of instruments linked to Artificial Intelligence and to the algorithms on which it is frequently based, is a well-known reality. In addressing this issue, some problems will inevitably need to be resolved, relating to access to justice, tra...

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Bibliographic Details
Author: Martín Ríos, Pilar
Format: article
Status:Published version
Publication Date:2024
Country:España
Institution:Universidad de Sevilla (US)
Repository:idUS. Depósito de Investigación de la Universidad de Sevilla
OAI Identifier:oai:idus.us.es:11441/162462
Online Access:https://hdl.handle.net/11441/162462
https://doi.org/10.32091/RIID0168
Access Level:Open access
Keyword:Criminal process – Artificial Intelligence – Predictive justice – Precautionary measures – VioGén
Processo penale – Intelligenza Artificiale – Giustizia predittiva – Misure cautelari – VioGén
Description
Summary:The irruption in the field of the Administration of Justice of instruments linked to Artificial Intelligence and to the algorithms on which it is frequently based, is a well-known reality. In addressing this issue, some problems will inevitably need to be resolved, relating to access to justice, transparency or the impact of the digital divide. In this study, we will focus on the examination of AI in the Administration of Justice in general and, specifically, on its influence on criminal proceedings. Within this framework, we will also examine the emergence of the use of systems that, while employing algorithms, do not meet the criteria that allow them to be classified as AI. We will focus on the Spanish case, using the VioGén system as a paradigmatic example, although it is unavoidable to refer to the overall situation, given the global dimension of the analyzed phenomenon.