Artificial Intelligence, Big Data and Automated Decision-Making in Criminal Justice

Artificial intelligence (AI) is impacting our everyday lives in a myriad of ways. The use of algorithms, AI agents and big data techniques also creates unprecedented opportunities for the prevention, investigation, detection or prosecution of criminal offences and the efficiency of the criminal justice system. Equally, however, the rapid increase of AI and big data in criminal justice raises a plethora of criminological, ethical, legal and technological questions and concerns, eg about enhanced surveillance and control in a pre-crime society and the risk of bias or even manipulation in (automated) decision-making. In view of the stakes involved, the need for regulation of AI and its alignment with human rights, democracy and the rule of law standards has been amply recognised, both globally and regionally. The lawfulness, social acceptance and overall legitimacy of AI, big data and automated decision-making in criminal justice will depend on a range of factors, including (algorithmic) transparency, trustworthiness, non-discrimination, accountability, responsibility, effective over-sight, data protection, due process, fair trial, access to justice, effective redress and remedy. Addressing these issues and raising awareness on AI systems’ capabilities and limitations within criminal justice is needed to be better prepared for the future that is now upon us.

This special issue on ‘Artificial intelligence, big data and automated decision-making in criminal justice’ comprises topical and innovative papers on the above issues, centred around AI and big data in predictive detection and policing, liability issues and jurisdictional challenges prompted by crimes involving AI, and AI-assisted and automated actuarial justice or adjudication of criminal cases.

Gert Vermeulen is Senior Full Professor of European and international Criminal Law and Data Protection Law, Director of the Institute for International Research on Criminal Policy (IRCP), Di-rector of the Knowledge and Research Platform on Privacy, Information Exchange, Law Enforcement and Surveillance (PIXLES) and Director of the Smart Solutions for Secure Societies (i4S) business development center, all at Ghent University, Belgium. He is also General Director Publications of the AIDP and Editor-in-Chief of the RIDP.

Nina Peršak is Scientific Director and Senior Research Fellow, Institute for Criminal-Law Ethics and Criminology (Ljubljana), Advanced Academia Fellow (CAS Sofia), Member of the European Commission’s Expert Group on EU Criminal Policy, Independent Ethics Adviser, and Co-Editor-in-Chief of the RIDP.

Nicola Recchia is Postdoc Researcher in Criminal Law at the Goethe-University Frankfurt, Germany. He is also member of the Young Penalists Committee and of the Scientific Committee of the AIDP.