Criminal Justice Research Articles

Addressing the risks of generative AI for the judiciary: The accountability framework(s) under the EU AI Act

The rapid advancements in natural language processing, particularly the development of generative large language models (LLMs), have renewed interest in using artificial intelligence (AI) for judicial decision-making. While these technological breakthroughs present new possibilities for legal automation, they also raise concerns about over-reliance and automation bias. Drawing insights from the COMPAS case, this paper examines the implications of deploying generative LLMs in the judicial domain. It identifies the persistent factors that contributed to an accountability gap when AI systems were previously used for judicial decision-making. To address these risks, the paper analyses the relevant provisions of the EU Artificial Intelligence Act, outlining a comprehensive accountability framework based on the regulation's risk-based approach. The paper concludes that the successful integration of generative LLMs in judicial decision-making requires a holistic approach addressing cognitive biases. By emphasising shared responsibility and the imperative of AI literacy across the AI value chain, the regulatory framework can help mitigate the risks of automation bias and preserve the rule of law.

The Prosecutor’s Evolution

Abstract It is axiomatic that American prosecutors possess significant discretion. What varies among prosecutors is how they use their discretion. How they use their discretion derives from how prosecutors perceive their role. Different prosecutors perceive their role differently. Some see themselves as representing the victim and others see themselves as ensuring just outcomes. These differences emerge from the American prosecutor’s distinct evolution. Over 200 years, the American prosecutor has transformed through various stages. The private prosecutor, an attorney the victim hired, originated from the British system. With the expansion of democratic institutions, the prosecutor became political, representing a particular political party’s interests. Abuses led to prosecutors becoming more professional, representing the state. This disconnected prosecutors from their community. Proactive prosecutors emerged to reconnect prosecutors to their community. Then, in 2016, a new wave of prosecutors emerged. These prosecutors saw themselves protecting defendants from a punitive criminal justice process. This article explores these different perspectives, looking for commonalities that can define the American prosecutor’s identity. Three emerge. First, prosecutors are public servants. Though they may serve different publics and do so in different ways, all seek to serve public interests. Second, they represent the community. Prosecutorial policies and case selection derive from community values and priorities. Finally, prosecutors are opportunistic. When given the opportunity to expand their discretion

Using advanced computing to improve outcome monitoring in substance use disorder treatment in Alaska

Abstract Issue In Alaska, crime associated with substance misuse is a massive public health and safety concern costing over $2.3 billion annually. Government officials make substantial investments to address this challenge but have little ability to monitor the long-term effectiveness of these interventions. Treatment providers are also stifled by minimal feedback regarding their lasting impact. While government databases exist that contain relevant information related to long-term treatment outcomes, low knowledge transfer continues to occur between these big data systems and treatment providers. Description To determine if emerging database technology can effectively monitor long-term recidivism outcomes, a prototype was implemented by Alaska’s leading treatment provider, Set Free Alaska. The Recidivism Tracking Interface is an innovative database system that strategically connects treatment records with the criminal justice system database. While maintaining high confidentiality and security standards, the first-of-its-kind interface assessed long-term recidivism outcomes of Set Free Alaska’s former clients from 2010 to 2023. Results Of those who successfully completed treatment (n = 970), only 12.06% were convicted of a new crime with an average of 1,167 days between discharge and new criminal charges. The current recidivism rate in Alaska is 66.3%. In addition to recidivism outcomes, the interface also revealed data incredibly useful for informing treatment services and relapse prevention practices. The Recidivism Tracking Interface effectively demonstrated that advanced computing systems can be utilized to monitor long-term outcomes in a manner that was previously unavailable to treatment providers. Lessons In the age of advanced cloud computing and generative AI, treatment providers around the world and their government partners can overcome current knowledge transfer barriers to monitor long-term outcomes in a manner that is automated, inexpensive, and easy to use. Key messages • Advanced computing offers new opportunities to improve long-term outcome monitoring. • Expanding secure access to relevant government databases can ultimately improve treatment outcomes and advance outcome-based funding models.

Risk of death after type of intimate partner violence (IPV) involvement

Abstract Background Most studies have focused on women’s intimate partner violence (IPV) victimization but perpetration and bi-directional violence remain understudied. Methods Using linked criminal justice and population registers in Manitoba, Canada, we assessed the risk of death according to the role in IPV incidents (accused-only, victim-only, bidirectional, none). In this retrospective matched cohort study, we assembled a cohort of 212,068 adults who were followed from April 2004 to March 2023 to assess IPV incidents and subsequent death. Those involved in an IPV incident were 1:3 matched to persons with no history of IPV based on birth year, sex and marital status at the time of the incident. Results Men comprised 85% of accused-only, 21% of victim-only, and 50-51% in the other two groups. Overall, compared to those without IPV involvement, the adjusted Hazard Ratios for all-cause mortality were 1.38 [95% Confidence Intervals (CI): 1.28, 1.49] for accused-only, 1.39 (1.29, 1.50) for victim-only and 1.45 (1.19, 1.77) for bidirectional IPV. The associations were stronger among women, particularly that of bidirectional violence [1.24 (0.97, 1.60) among men and 1.92 (1.39, 2.66) among women]. Similar patterns were found for intentional mortality [0.96 (0.56, 1.64) among men and 2.43 (1.27, 4.65) among women]. Conclusions There are clear sex inequities in IPV involvement. Any type IPV involvement is associated with higher risk of death, particularly among women, who comprise most of the victims. Key messages • Any type IPV involvement is associated with higher risk of death, particularly among women, who comprise most of the victim. • Use of linked criminal justice data allows studying the consequences of IPV victimization, perpetration and bidirectional violence and monitor gender inequities over time.

9.N. Practice session: From Data to Action – Joining forces to close the inequity gap in adolescent health

Abstract Persistent adolescent health inequalities exist in Europe, necessitating interventions that address both individual and societal factors, especially those pertinent to youths in unfavourable contexts. Collaborative efforts involving cross-sectoral partnerships and adolescent engagement are crucial in identifying and mitigating these disparities. Three case studies exemplify this approach. Case study 1: Effective intervention development hinges upon the translation of epidemiological insights into tangible actions. Heiko Schmengler will discuss how individual and contextual-level data is made actionable for the development of ePro-schools, an e-health intervention to promote healthy dietary habits and physical activity amongst adolescents in socially disadvantaged settings. ePro-schools brings together stakeholders from academia, the health sector, the education system, and local communities. This collaborative approach ensures that the intervention is not only grounded in solid scientific evidence but also fits the specific cultural, social, and economic contexts of the adolescents it aims to serve. Case study 2: Adolescents are not passive consumers of interventions, but active agents who frequently understand best what they need to improve regarding their health. Lourdes Cantarero Arevalo will share innovative methodologies and best practices for involving adolescents in data collection, intervention design, and policy development processes with the final aim to empower the voices of adolescents in vulnerable situations while addressing problems that are relevant for them. Case study 3: Filipa Alves da Costa will draw attention to the health concerns of adolescents resulting from incarceration. This talk will outline the development of a policy brief derived from UN global study data, which highlights the importance of cross-sectoral collaboration in developing actions to safeguard access to high quality healthcare for adolescents within the criminal justice system. A cross-sectoral approach is critical given that criminal justice systems typically fall outside the direct oversight of health ministries. The goal is to encourage policymakers, practitioners, and advocates to consider inter-sectoral strategies to address the complex health challenges these adolescents face. Following the presentations, we will facilitate a dynamic discussion with the audience, encouraging an exchange of ideas on strategies to address adolescent health inequalities from a multilevel perspective. This discussion aims to draw on the collective expertise of participants from diverse backgrounds, including practitioners, researchers, and policymakers. This dialogue aims to identify common barriers and opportunities, fostering a collaborative approach to tackling inequalities. The goal is to emerge from the workshop with a richer understanding of effective strategies that can be leveraged to close the gap in adolescent health across Europe. Key messages • Health inequalities among adolescents must be tackled collaboratively across different sectors and with participation of adolescents. • Participants will gain valuable insights on innovative solutions and effective methodologies from the case studies to inform their own efforts in addressing adolescent health inequalities.

Ensuring the right to health care for detained adolescents: cross-sectoral strategies and policy innovations

Abstract This presentation will draw attention to the health concerns of adolescents deprived of liberty, stressing that incarceration of minors should be a last resort. Notwithstanding, when governments allow for incarceration of minors, they must guarantee this does not translate into deprivation of basic human rights and that international treaties are respected, including access to high quality healthcare. This talk outlines the development of a policy brief based on data from the UN global study, which identifies essential health interventions for minors in various forms of detention-migration, youth detention, and adult detention where children reside with their parents. Using case studies from Greece, India, and the United States, shortcomings in existing health systems in detention contexts are stressed. A more recent policy brief focusing exclusively on children detained in the context of migration will be used to provide good practice case studies, where appropriate actions such as changes in legislation were put in place, namely in Canada, South Africa, Ukraine and Ireland. A key focus of the presentation will be the importance of cross-ministerial collaboration, as healthcare in the criminal justice system frequently falls under the jurisdiction of ministries other than health, complicating health policy implementation. The speaker will discuss integrated approaches that involve various sectors to ensure the health rights of detained youth are addressed. The presentation aims to illuminate the systemic changes needed to protect the health of detained adolescents, urging policymakers, healthcare providers, and advocates to adopt holistic and inter-sectoral strategies. The talk will also refer to policy actions and recommendations for Member States to support them in addressing challenges so they may achieve the principles of equivalent care and continuity of care that reflects the recommendations of the United Nations Global Study on Children Deprived of Liberty.

10.P. Scientific session: Improving health security and preparedness: are we leaving someone behind?

Abstract Prisons are unique, high-risk, high-security, complex settings; however, the impact of emergencies on prisons is a concern not only to the prison but also to the functioning of, for example, the criminal justice system, policing and courts, as well as to the general public. Prison environments can amplify infectious diseases. In the context of emerging health threats, this risk could be made into an asset through early warning surveillance and epidemiological studies. Many global and public health actors advocated for the inclusion of prisons and custodial settings in a comprehensive response to emerging threats since the early days of the COVID-19 pandemic and again during the Mpox epidemic. The increase in risk in closed environments and the vulnerability of people living in prisons make prisons and other custodial settings potential hotspots for transmission of infectious diseases and for excess morbidity and mortality. Yet, as mentioned above, prisons have been included to only a limited extent in national preparedness and response plans. Similarly, prisons are not always explicitly mentioned in international guidance on the preparation of national plans or in measures taken in the absence of such guidance. Preventing, predicting and responding to threats to the health of prison populations require scientifically valid, evidence-based interventions and assessment of the positive and negative impact of control measures on the population, especially in view of the unequal distribution of harm and disease among people living in prison and unequal access to mitigation or therapeutic interventions. Because of a general lack of timely, good-quality, translatable evidence on prison health, guidance for the management of health threats in prisons is often based on adapting other sources to the prison setting (so-called “prisonification” of guidelines), rather than on evidence specific to prisons. Prisons and custodial settings may also be affected by other biological, chemical, radionuclear and environmental hazards, all of which must be catered for in comprehensive preparedness and response plans. Timely collection of information is essential for national preparedness and response capacity to ensure rapid identification and response to threats. Again, however, the prison population is often excluded from or not explicitly identified in national surveillance systems. As a result, cases or outbreaks may not be identified or not receive an effective response, due to lack of collaborative structures between prison and public health authorities. Inclusion of prisons in local, regional, national and international emergency planning is therefore essential to test plans and revise guidance on the basis of evidence, exercises and/or real events. This workshop aims at exploring the current landscape and deriving implications for preparedness and health security in Europe and beyond. Key messages • Prison authorities should be included as stakeholders in the development of national preparedness and contingency plans according to good governance approach. • Explicit inclusion of prisons and other custodial settings in international and national plans for preparedness and response to emerging health threats is needed.

The police investigation is illegal and illegitimate

The Public Prosecution Service, which is the exclusive holder of public criminal action and external control of police activity, among other duties, and the police are responsible for investigating criminal offenses. That said, the aim of this research is to demonstrate that the Public Prosecution Service has been treated as a mere opinion-forming body in criminal cases, given the understanding of criminal judges and also of the Legislative Branch, contrary to the Federal Constitution of 1988. In this regard, the Code of Criminal Procedure places the Public Prosecution Service in a situation of non-ownership in the conduct of cases, through various provisions of this code, when, notably, it allows the criminal judge to superimpose his decision on the theses of the Public Prosecution Service. As far as the legislative branch is concerned, the enactment of laws still does not respect the 1988 constitutional provision on the role of the Public Prosecution Service. In addition, external control of police activity must guarantee the constitutional legality and legitimacy of the greatest instrument for investigating crimes, the Police Inquiry, according to Article 129, VII of the Brazilian Federal Constitution. The absence of external control compromises the quality of evidence and the effectiveness of criminal justice, confirming the urgent need to implement regulatory mechanisms that ensure efficient control of police activity, resulting in improvements in public safety and, above all, in the legitimacy of the Brazilian justice system.

Variações na aplicação dos acordos de não persecução penal em Maracanaú/CE: um estudo de caso sobre a dosimetria da pena de prestação pecuniária

This work examines the application of the Criminal Non-Prosecution Agreements (ANPPs) carried out in the Municipality of Maracanaú between 01/01/2022 and 12/31/2022, aiming to identify whether there is equality in the application of the monetary benefit sanction. The impact of Law no. 13,964/19, which introduced the Criminal Non-Persecution Agreement (ANPP) and allowed monetary benefits in criminal agreements, allowing discretion in negotiations, but without establishing fixed criteria for its application. The empirical research was conducted in 2022 at the criminal prosecutor's offices in Maracanaú-CE and involved data collection and subsequent comparison and analysis. The results indicate discrepancies in the use of ANPPs between ministerial units and, in certain cases, significant differences in the values ​​stipulated in the pecuniary benefit, raising questions about compliance with the principle of equality. A concrete dysfunctionality of negotiated criminal justice and, more broadly, of the Brazilian criminal prosecution system was revealed.

Social Participation in Community Corrections: A Qualitative Analysis of Justice Practices in China

In China, the widespread implementation of community corrections is a key strategy designed to reduce the burden on the criminal justice system. This strategy prominently features social participation as a critical element. This study delves into the effects of social participation on correctional practices by conducting in-depth interviews with a diverse group of stakeholders, including community corrections officials, judicial police, community workers, and counselors. Our findings reveal a predominant government-led approach to social participation, where government-funded social organizations play a major role. The research also highlights significant role conflicts and jurisdictional ambiguities within the system, which may arise from unclear criminal policies. These conflicts and ambiguities underline the challenges in the current implementation of community corrections. By examining these dynamics, the study suggests that refining the government-led model of social participation could provide more effective strategies for enhancing civic engagement and improving the efficacy of community correction.

Job Opportunities in Various Field for Criminology Graduates: Indian Perspective

ABSTRACT The study explores the wide range of career options available to criminology graduates in India, focusing on both traditional fields and emerging ones that have developed due to technological, sociopolitical, and economic changes. Employers in areas such as public policy, corporate security, intelligence, and the criminal justice system are increasingly seeking criminology graduates. In this evolving job market, these graduates face both opportunities and challenges, as employers demand specific skills, practical experience, and real-world knowledge from new candidates. This research provides a thorough analysis of how criminology graduates can adapt to the Indian job market and offers targeted recommendations for curriculum reform, industry collaborations, and government initiatives to enhance employability. Drawing from both international and Indian studies, the paper highlights how technological advancements and contemporary security needs have shaped employment patterns in India’s private sector and its criminal justice system.

Employment and mental health for adults on probation, 2002-2021.

The 21st century has seen a decline in employment rates in the US at the same time that it has experienced a historically unprecedented rise in the numbers of adults under criminal justice system control. Both low employment and high incarceration have posed serious challenges for public health. Using data from the National Survey on Drug Use and Health from 2002-2021, we estimated employment rates by community supervision status. Variations by sociodemographic subgroups were explored as well as correlations between employment and a range of mental and behavioural health variables. Those on probation were twice as likely as those not to live in poverty. They experienced higher rates of poor mental and behavioural health, including three times the rate of substance use. Employment rates varied little by community supervision status. Health risk factors were associated with more risk and protective factors did less to mitigate risk for those under community supervision. Despite the range of adversities faced by individuals under criminal justice system control, their employment rates are remarkably close to those not. Despite near equivalent involvement in the labour force, this population has substantially poorer health and substantially reduced likelihood of escaping poverty.

H.L.A. Hart's Lost Essay on Policies, Principles, and Adjudication

Abstract This introductory essay accompanies the publication of H.L.A. Hart’s “Policies, Principles, and Adjudication,” which I uncovered amongst Ronald Dworkin’s papers at Yale. Hart’s previously unpublished paper was composed between 1977 and 1982 and delivered at a seminar at Oxford. It offers an extended critique of Dworkin’s conception of “policies” in his Taking Rights Seriously. This critique is not reproduced elsewhere in Hart’s published work. The paper also provides an expanded version of Hart’s thoughts, in his “Postscript” to The Concept of Law, on judicial reasoning by analogy and the phenomenology of judicial decision-making. Hart’s essay adds significantly to our understanding of the so-called “Hart-Dworkin debate,” around which much of contemporary Anglophone jurisprudence continues to be structured.

Teacher Reflections on Assessing Indigenous Cultural Competency in a Criminal Justice Subject Through Interactive Oral Assessment

Universities in countries with a history of colonisation of First Peoples (e.g. Australia, New Zealand, and Canada) are pivoting to including cultural perspectives and knowledge systems in curricula, supported by a raft of new policies. For criminal justice professions, the legacy of colonisation has shaped justice systems and First Peoples’ experiences of justice. Recommendations for the profession to better address these legacies include embedding First Peoples’ perspectives and knowledge systems in undergraduate degrees. This paper reports on the development and design of a new assessment of embedded Indigenous content in a criminal justice subject. As experience in developing and deploying an assessment of these skills and knowledge is still relatively new in many institutions, educators may find this paper of interest when developing their assessment.

AI in terrorism sentencing: evaluating predictive accuracy and ethical implications

ABSTRACT This study investigates the potential of artificial intelligence (AI) to predict sentencing outcomes in terrorism-related attempted murder cases. By comparing AI model predictions with actual sentences from Israeli civilian and military courts, the research evaluates AI’s accuracy and consistency. Findings indicate that AI predictions align closely with human judgments yet also reveal significant challenges in capturing case-specific nuances. This study contributes to the debate on AI’s role in the legal system, providing insights into developing responsible and effective AI integration in judicial decision-making.

Decriminalising terror: for a zemiology of counterterrorism

Over the past two decades, UK counterterrorism efforts have involved contentious legal and social measures aimed at preventing harm and increasing security. Critical scholars argue that these measures narrowly define security, risk, and harm, failing to recognise intervention itself as a potential threat to individuals and communities. Despite significant critical research, the legitimacy of the criminal justice model of counterterrorism persists in criminological scholarship. This article uses zemiology, the study of social harm, to critique contemporary counterterrorism’s impact. It employs UK counterterrorism as its case study, highlighting its ‘security first’ approach and its narrow definition of public interest. Three key arguments are advanced: first, counterterrorism is not an exceptional extension of criminal law but a form of hybrid governance; second, viewing this governance through a crime-centric lens obscures the harms of criminalisation and overlooks non-criminalised politically-motivated violence; third, examining counterterrorism through a social harm lens allows for a focus on social and racial structures, rather than state-defined categories of harm. The social harm perspective challenges the conceptualisation of terrorism as a crisis justifying exceptional measures, highlighting instead counterterrorism’s broader social impact. The zemiological approach highlights the role of law, not just as source of protection, but also as a means of repression and state violence, emphasising state accountability and providing a framework for identifying and preventing social harm. This perspective centres the broader implications of counterterrorism policies on social structures and racial dynamics, allowing for a more comprehensive understanding of security and harm.

Antipsychotic prescribing practices and their association with rehospitalization in a forensic psychiatric sample.

While there is extensive literature examining the effectiveness of antipsychotic prescribing to patients with schizophrenia spectrum or other psychotic disorders in general psychiatric services, there is a dearth of studies examining antipsychotic prescribing practices and their effectiveness in forensic psychiatric services. Forensic psychiatric patients have unique challenges often due to their high-profile offences, public scrutiny, and legal requirements. This longitudinal, retrospective study aimed to examine antipsychotic prescribing and rehospitalization rates in a forensic psychiatric sample, along with relevant socio-demographic, clinical, and forensic characteristics. All patients had a psychotic illness and were prescribed antipsychotic medication. The sample included 153 patients, of which the majority were male (85.6%), Caucasian (71.2%), middle aged (30s to 50s), had schizophrenia or schizoaffective disorder (76.5%), had a substance use disorder (62.1%), and had a most serious index offence against the person (80.4%). Atypical antipsychotics accounted for the majority of antipsychotic prescriptions (75.9%) and the sample had an antipsychotic polypharmacy rate of 39.9%. The sample was divided into four primary antipsychotic formulation types, which were oral (34.0%), injection (39.2%), clozapine (19.0%), and subtherapeutic (7.8%). Regarding rehospitalization, 52.9% of the sample was rehospitalized, with the average number of rehospitalizations being 1.2 (SD = 1.7) and proportion of the follow up period rehospitalized being 16.4% (SD = 27.7%). Patients prescribed clozapine had numerically lower rates of rehospitalization than those prescribed oral and injection formulation types, but it was not statistically significant. With a 19.0% prescription rate, clozapine may be underutilized in this sample. Further research is needed to demonstrate the potential benefits of clozapine regarding rehospitalization in forensic psychiatric patients, as has already been done in general psychiatry. Advancing treatment of the high-profile forensic population can reduce stigma toward people with mental illness and criminal justice involvement.

Prospects for the Application of Unexplained Wealth Order in the Forfeiture of Assets Proceeds of Corruption in Indonesia

This research focuses on discussing two things, namely (1) how the legal politics of regulating asset forfeiture for corruption crimes in Indonesia and (2) what are the prospects for applying the unexplained wealth order in asset forfeiture for corruption crimes in Indonesia. in this study it was found that: first, the legal politics of asset forfeiture for corruption crimes in Indonesia is still mainly oriented towards the process of asset forfeiture based on conviction, asset forfeiture can only be carried out if there is a judge's decision that is legally binding. However, if in the course of a criminal case there are difficulties in proof, the defendant dies in the judicial process, and after a court decision with permanent legal force it is known that there are assets or assets owned by the perpetrator that are the proceeds of crime, a civil lawsuit can be filed. however, it is different from the concept of unexplained wealth contained in the Criminal Asset Forfeiture Bill which has a broader dimension of civil filing. And the filing of a civil lawsuit is not an alternative to the criminal justice process. Asset forfeiture lawsuits through the criminal process can be filed before, during and after criminal judgements, in order to avoid obfuscation and the disappearance and conversion of assets resulting from corruption crimes. Secondly, the prospect of implementing unexplained wealth in Indonesia has existed through the establishment and drafting of the Criminal Asset Forfeiture Bill. However, this bill is not equipped with the obligation to reverse the burden of proof, which is identical to the proof of ownership of assets contained in the Anti-Corruption Law. In the future, it is necessary to equalise the reversal of the burden of proof that should be carried out by the owner of the asset to facilitate the proof process and assist the legal apparatus.

Race, Political Ideology, and Support for Defunding the Police in the United States

ABSTRACT This study investigates public attitudes toward “Defund the Police” proposals amid U.S. protests against racism and police brutality. Analysis of 2021 General Social Survey data reveals that racial identity and political ideology significantly shape these attitudes. Black Americans demonstrate the highest support for defunding, followed by Hispanic Americans and other racial and ethnic minorities, reflecting diverse historical and cultural experiences with the government. Political ideology further polarizes opinions, with liberals more supportive and conservatives more opposed. These findings highlight the complexities of addressing systemic issues in criminal justice and the importance of social identities in shaping attitudes toward police reform.

Development of conductive fingermarks for forensic applications.

Fingermarks are an important form of evidence in forensic science, routinely used for identification or exclusion purposes within the criminal justice system. The increasing use of fingerprint recognition in technology and biosecurity, such as for unlocking devices and accessing banking information, highlights the need for forensic fingermark recovery methods that serve both traditional forensic needs and modern technological demands. Current fingerprint development techniques, however, are not designed to fulfil this dual-purpose. This paper presents a novel approach that introduces the use of conductive paint and silicone to develop, recover, and preserve latent, patent, and plastic fingermarks. The innovative method produces conductive casts that capture detailed ridge patterns, thereby facilitating forensic examination as well as being used for unlocking capacitive and ultrasonic fingerprint scanners in a range of mobile devices.