Naslov
Pretrial risk assessment instruments in the US criminal justice system—what lessons can be learned for the European Union

Autori
Novokmet, Ante ; Tomičić, Zvonimir ; Vinković, Zoran

Izvornik
International Journal of Law and Information Technology (0967-0769) 30 (2022), 1; 1-22

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
artificial intelligence ; risk assessment instruments ; criminal proceedings ; pretrial detention ; fair trial ; EU law

Sažetak
This article explores the possibilities of using artificial intelligence (AI) in the European judicial area with a special emphasis on risk assessment instruments and the justification of their use in determining the likelihood that a defendant at large will seek to thwart the goal of criminal proceedings. In this regard, experiences in the application of various risk assessment instruments in US judicial practice are first analysed. Then the European normative framework established at the level of the Council of Europe and European Union (EU) law is considered with special emphasis on the ‘Proposal for a Regulation of the European Parliament and of the Council laying down harmonized rules on artificial intelligence’ as a key normative act that will determine the long-term preconditions for the application of the risk assessment instruments in the criminal proceedings of EU Member States. Finally, an attempt is made to give answers to some specific questions that arose from the implementation of AI in EU criminal justice systems taking into account the presumption of innocence, the right to an objective and impartial judge and the principle of proportionality.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
This article is a product of work that has been
fully supported by the Faculty of Law Osijek Josip
Juraj Strossmayer University of Osijek under the
project nr. IP-PRAVOS-18 ‘Artificial intelligence
and criminal law’.

POVEZANOST RADA