Predictive Algorithms and Criminal Justice: a Synthetic Overview From an Italian and European Perspective

The paper seeks to provide a synthetic overview of the current and potential uses of “predictive algorithms” in the context of criminal justice systems, as well as of the critical issues arising from such tools.In the first part (§§ 2-3), the main uses of Artificial Intelligence (AI) tools within the legal systems which have implemented them will be presented. Then a synthetic framework of the possible fields of application of AI in the context of criminal justice will be provided. In the second part (§§ 4-5), the problems arising from the introduction of algorithmic tools in criminal justice will be analysed, with special attention to the fundamental rights guaranteed at a European level, the general principles of criminal law and procedure and the further juridical limits, provided by supranational and national law. In the conclusions (§ 6), an attempt will be made to define the acceptable scopes of application of algorithmic tools in the criminal justice system and to identify the necessary precautions and conditions for the use of new technologies to be consistent with the national and European legal framework.