Predictability and Criminal Justice

Abstract

This chapter introduces the third part of the book, devoted to the most delicate aspects of the possible application, so far, of computational modelling and AI to the realm of criminal justice, that is to say, the decision-making process. This chapter sets a general framework for Chaps. 6 and 7, dealing, respectively, with a specific topic. This chapter, indeed, highlights some crucial aspects, that will be fundamental in understanding the following topics: firstly, a brief reconstruction of the general peculiarities of judicial reasoning and decision-making. Such a basic introduction aims to explain why modelling judicial reasoning and decision-making has always been a complicated endeavour; secondly, the attempt to understand the sense of the term ‘predictive justice’, which is often used in relation to AI in criminal matters: it is important, before stepping into the core of the matters related to the risks of automated decision-making processes in criminal justice, to determine the meaning of the words and concepts used for the analysis.