Summary of Intelligenza artificiale e processo penale - 12/11/2021

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00:00:00 - 01:00:00

The video discusses the various implications of artificial intelligence in the criminal justice system. It points out that, while this technology has been used for investigative purposes, it may now be used for other purposes, such as proving facts in a criminal trial, which would be in violation of the stricter rules that have been put in place for its use. The video also discusses the use of sali (salt) for forensic purposes, noting that there is no national legal framework governing their use. In the future, different scenarios are possible, depending on the direction AI takes.

  • 00:00:00 This video is a webinar on artificial intelligence and the penal process. The speakers discuss how AI is changing the criminal justice system, and how prosecutors, judges, and defense attorneys should be preparing for its impact.
  • 00:05:00 The video focuses on the relationship between artificial intelligence and the criminal justice system, discussing how artificial intelligence is being used in criminal investigations and prosecutions around the world. It talks about how facial recognition is one example of how artificial intelligence is being used in the justice system.
  • 00:10:00 The video discusses the use of artificial intelligence (AI) in the criminal justice system, focusing on facial recognition and tracking dynamic movements, such as walking. It explains that while different EU institutions have different approaches to biometric recognition, the most widespread and well-known is facial recognition, followed by fingerprint recognition. It then goes on to discuss Article 10 of the 2016 EU Directive 680, which is the most advanced legal relationship between personal data and criminal justice. It shows how facial recognition software works, with an example of a live feed of someone's face being captured and matched against a database of known faces. It also discusses the two different ways facial recognition software can operate- as a passive system, where images are captured after the event, and as a proactive system, which captures live images of the person. It then concludes the article by discussing the various levels of inclusivity and applicability of the technology, and how different EU institutions are approaching it differently.
  • 00:15:00 The video discusses the use of artificial intelligence (AI) in the criminal justice process, and how it could be useful for both the prosecution and defense. It also points out some potential downsides, such as the potential for discrimination and abuse. The European Parliament has recently recognized this issue, and passed a resolution calling for caution when using AI-assisted crime investigations.
  • 00:20:00 The European Parliament has said that the cornerstone of its rights-based EU Constitution is artificial intelligence (AI). This is because we have benefits and risks with regards to fundamental rights particularly relevant because we have problems with mass-birth rates and individual rights and freedoms. For example, I refuse to recognize the dignity of man. Another issue is the risk of abuse of facial recognition tools, which has been going on for years in China but also in the United States. This has given a global shift in the problem of mass-imitation, which was first recognized in 2019 and 2020 thanks to a report by the New York Times. This report highlighted how American law enforcement used a tool created by an English company with a major problem: the images were illegally stolen and used to create a massive database of faces. However, this problem was gradually revealed to be a global problem, with progress being made in the United Kingdom, Canada, and England in particular. Liberty, a UK-based organization that protects human rights, played a role in this case by helping a person sue the British government over its use of facial recognition tools. However, the case ended in defeat in the first round. This is just one example of how European law enforcement agencies are using facial recognition tools without any direct regulation
  • 00:25:00 This video discusses various initiatives with regard to the use of facial recognition in Europe, with Italy being one of the countries where this is happening. Specifically, this report from October 2000 and 21 highlights that eleven out of the 27 European Union member countries are using facial recognition in criminal justice proceedings, and seven more are in the process of doing so. This tool, which has had great success in Europe, is not new, but has only recently become more visible due to the recent scandal in the United States. Italy, however, does not currently have a system in place to use facial recognition in criminal proceedings. This issue has generated some controversy, with some people arguing that the technology is too invasive, while others argue that it is necessary in order to identify criminals. The guardian of privacy, however, has voiced concerns about the system's safety and has awarded it a privacy seal in 2018. Furthermore, in 2018, the minister of the interior asked the guardian of privacy for a opinion on a proposed system called Sani Enterprise, which uses real-time facial recognition. The guardian of privacy responded that it was not suitable for use in Italy due to a lack of medical evidence. However, the scandal surrounding the television show "Stranger Things" has generated a European-wide interest in
  • 00:30:00 The video discusses the possible implications of artificial intelligence (AI) on criminal procedure, focusing on the use of facial recognition technology. It points out that, while this technology has been used for investigative purposes, it may now be used for other purposes, such as proving facts in a criminal trial, which would be in violation of the stricter rules that have been put in place for its use. The video also discusses the use of sali (salt) for forensic purposes, noting that there is no national legal framework governing their use. In the future, different scenarios are possible, depending on the direction AI takes. One possibility is that criminals will become aware of the technology's capabilities and change their behavior in order to avoid detection.
  • 00:35:00 In 2021, the European Commission began a process of examining proportionality and in principle rigid and in practice flexible recognition with regard to facial recognition. Emilio says there is a greater attention to using real-time facial recognition technology, and he provides a video of his research on verbs in the area of facial recognition. In Italy, there is no legal framework for facial recognition currently, but a second attitude--one of waiting to see how the technology improves--is being taken. The issue of proportionality is addressed in EU guidelines on facial recognition that were released in October of 2021. The European Parliament has also passed a resolution in October of 2021 calling for a ban on facial recognition in the European Union due to privacy concerns. Emilio concludes his presentation by asking a question: What space is there for facial recognition today, given that it is not being respected in Italy and does not have an appropriate balance between security guarantees and civil liberties? It would be interesting to understand how facial recognition technology can serve both our preventive and criminal justice needs in more detail.
  • 00:40:00 The author of the video discusses the issue of artificial intelligence and the criminal process, focusing on the role of the defense lawyer. He notes that, currently, the majority of attention is given to the development of AI systems for law enforcement, with little attention paid to the rights of the defendant. He suggests that the defense lawyer play a more active role in this situation, by investigating the limitations of the AI systems and defending the rights of the client.
  • 00:45:00 Intelligence artificiale has been increasingly accepted, and this point of view allows us to say there are different possibilities and challenges that open up for the defender. Different approaches can be taken, depending on the case. For example, the case of Cassation referenced in the video has already been mentioned. Other possibilities include using AI to anticipate results of a trial, which is already becoming more widespread. Additionally, AI can be used to expand the defender's knowledge in a more efficient way, and reduce the information asymmetry that characterizes the relationship between accuser and defender in transnational legal proceedings. However, it is still difficult to define what "effective defense" means with regard to AI. Moreover, as AI technology continues to develop, its use in defense also becomes more experimental and innovative. So far, we have talked about how to approach AI for defense. However, before discussing the various methods available, it is important to consider the impact of AI on the rights of the defender. This is a difficult question to answer, as the jurisprudence so far does not provide a clear answer. Nevertheless, it seems that the right to effective defense should be accessible both in principle and actually accessible to the recurrent. So far, there are no clear indications that what needs
  • 00:50:00 The article discusses the problem of artificial intelligence and the criminal process, discussing how legislation is already being developed to deal with this issue. One possible solution is to allow human intervention in automated decisions, as proposed by European Union law, which is known as the 2016 680 directive. Another solution is to rely purely on automated decision-making, which is prohibited in the European Union unless authorized by law. However, even with such measures in place, artificial intelligence technology is likely to be limited in its ability to remedy harmful decisions.
  • 00:55:00 This video discusses the potential implications of artificial intelligence (AI) in the criminal justice system. For example, some people question the efficacy of using AI in making decisions, as it seems more like an accusation tool than a means of justice. Another issue raised is the problem of human bias in AI decision-making. There is still much debate around the use of AI in the criminal justice system, but one potential solution is to allow the defense to have a second, independent, analysis of the risk. This would require the development of sophisticated AI tools by different programmers, with the same goal but with different methods, in order to achieve reliability. Another issue is how toHandle the inevitable conflicts between the two independent evaluations.

01:00:00 - 02:00:00

The video discusses the possible use of artificial intelligence in the criminal justice system, including its potential benefits and drawbacks. It also discusses the need for legislation to be updated to account for AI, and the need for prosecutors and defense attorneys to collaborate in order to take full advantage of its potential.

  • 01:00:00 In the video, Professor Giancarlo De Cataldo discusses the possible use of artificial intelligence (AI) in the criminal justice system. He discusses how AI could be used to assist the defense in a number of ways, from assisting in the interpretation of legal texts to providing guidance on the application of specific legal rights. He also discusses the potential for AI to help reduce the burden on the defense in criminal proceedings.
  • 01:05:00 This video discusses the use of artificial intelligence (AI) in the criminal justice system, including its potential benefits and drawbacks. It also discusses the need for legislation to be updated to account for AI, and the need for prosecutors and defense attorneys to collaborate in order to take full advantage of its potential.
  • 01:10:00 The video discusses the possible implications of artificial intelligence (AI) on the criminal justice system, with particular focus on the role of the judge. Three speakers discuss different aspects of the topic: a researcher from Trento University who has studied the application of AI in the courtroom, a prosecutor from the same university, and a defense lawyer. All three speakers agree that the use of AI in the courtroom has the potential to change the way justice is delivered, and they emphasize the need for judges to be trained in its use.
  • 01:15:00 This video discusses the use of artificial intelligence (AI) in the legal process. It discusses how AI can be used to provide evidence in court, and discusses the need for a conceptual framework to deal with this new reality. Three examples are provided of how this conceptual framework can be used at different levels: legislative, judicial, and doctrinal.
  • 01:20:00 This video introduces the idea of artificial intelligence and its impact on the criminal process. It discusses the concept of a logical probability, but admits that it does not exist in theory of probabilities. A logical probability is based on mathematical models, but takes into account empirical evidence as well. When artificial intelligence is used in the courtroom, it can create a challenge for traditional methods of evidence production, such as statistics. This raises the question of whether the interaction between empirical evidence and artificial intelligence can be put in relation with other types of evidence. Additionally, the video discusses the potential risk artificial intelligence poses to the legal system due to its reliance on complex computational models. It also points out that this reliance on AI technology often leads to the need for data entry into the judicial process, which in turn creates a need for artificial intelligence-based tools to be used in courtroom proceedings. Overall, the video provides a general overview of the risks and benefits of using artificial intelligence in the courtroom. It also raises important interpretive questions that need to be answered before AI-based decisions can be considered legitimate.
  • 01:25:00 The video discusses the implications of artificial intelligence on the criminal justice system, and discusses how human input is required in certain cases involving AI. The video also touches on the issue of evidence obtained through artificial intelligence, and how it should be treated due to the potential harmful effects it may have. It seems that the European Union is taking a cautious approach to the use of artificial intelligence in the justice system, and is aware of the challenges that lie ahead. In Italy, there has been a gradual development of rules governing the decision-making process in criminal cases, accompanied by an increased focus on the credibility and reliability of judgments. Finally, the video touches on the issue of shortened or abbreviated civil proceedings, as well as on the administrative procedure law article 74.
  • 01:30:00 Intelligence artificiale is being introduced into the legal system in a more rigid way than other areas of the law, creating what seems to be a paradox in terms of criminal law. I speak of a paradox in terms of value judgments, not in terms of technical limitations of current AI tools. I think this rigid epistemology might favor the desire to have AI tools that give greater reliability to judicial decisions. On the other hand, because AI tools are still technically very limited, it is unlikely that a decision as complex and with motivational implications can be replicated using today's tools that are only able to perform rather limited computational functions. We need to ask ourselves what role, if any, AI tools might play in various stages of the legal process, and revisit the theory of contexts in criminal law. In two recent cases, the European Court of Justice (ECJ) maintained attention on the fact that, when large quantities of data are collected indiscriminately from the public accusatory party, the defense must have the effective right to use the necessary facilities and timelines to analyze this mass of data, in order to be able to effectively prepare for the difference. This suggests that AI tools may have potential applications in the protection of the right to defense, as well as in exploring relevant topics of
  • 01:35:00 The video discusses the use of artificial intelligence (AI) in the judicial process, noting that there are already various tools available that should help judges, for example, with the assessment of the reliability of eyewitness testimony. It also discusses the use of AI in the final evaluation of evidence, noting that it can be used in the assessment of individual evidence elements, or the entire evidence corpus. It also discusses the importance of accuracy in the use of AI tools, and points out that AI tools have a high error rate when it comes to identifying objects and people.
  • 01:40:00 Intelligence artificiale has been used in various ways, but sometimes it can be silly. For example, geolocation can be used to prove things that are not really relevant, such as the presence of a person in a certain geographic area. At other times, the analysis of financial profiles or patrimonial state can be important. However, these analyses provide only a general description of the situation. They are not suitable for providing proof of specific conduct, and are only relevant in the context of the whole case. Luca Lupare's recent article suggests that artificial intelligence can be used to help with the evaluation of traditional proofs. For instance, it could be used to evaluate the credibility of a witness's testimony or to form questions for experts. This would be an interesting development, as it would allow humans to make more complex and accurate judgments. Another challenge is the possibility of using artificial intelligence to evaluate complex personal property. For example, a judge could evaluate a person's entire financial history. This is something that is far from futuristic, and is already being experimented with by research centers across the world. I'd like to conclude by linking this to what Giulia said earlier about the synergy between traditional and artificial proofs. This use of artificial intelligence allows us
  • 01:45:00 The video discusses how artificial intelligence (AI) may be used to improve the process of law, specifically in the area of legal reasoning. It discusses how the Italian penal code is equipped to handle this, and how international cooperation between judges is crucial. It also touches on the potential for AI to interfere with the right to a fair trial, and points out that proper knowledge of error rates is essential in this area. Finally, the speaker offers her assistance in any further questions or discussions.
  • 01:50:00 In 2021, intelligent technology and the criminal process will be a topic of discussion as Lucia Maldonado, a Catholic University professor, will address the issue. Maldonado will focus on the benefits of artificial intelligence in the optimization of operations and the personalization of digital solutions available in the justice field. Additionally, she will discuss the risks associated with the use of artificial intelligence in the judicial process. It is important to note that risk assessment tools are already impacting the criminal justice process in different stages. For example, personality assessments are used to decide how a sex offender should be treated in the future. Finally, Maldonado provides a brief summary of her presentation.
  • 01:55:00 In the video, a discussion is had about artificial intelligence and the criminal process. There is a discussion about risk assessment, which is when a tool is used to predict the likelihood of someone re-offending. There is also a discussion about the application of measures of security to a criminal during the commisurating of their sentence. This includes a discussion of the American case of Lewis Mills, in which an AI-based risk assessment determined that the defendant was likely to re-offend in the future. There is also a discussion of the difficulty in making accurate predictions, and how this affects the application of security measures.

02:00:00 - 02:55:00

The video discusses the potential benefits and problems with using artificial intelligence in the criminal justice system, focusing on the lack of transparency and knowledge about AI at the national level. It argues that greater transparency is needed in order to have a meaningful debate on the issue at the international level, and that courts should take into account precedents set in other areas of law.

  • 02:00:00 The video discusses the use of artificial intelligence (AI) in the criminal justice system, focusing on the problems with using AI alone, as research on individual cases is based on empirical studies and statistics. There is also a problem with compatibility with human rights and the fair judicial process, as a professor from Italy has said that "reification" of the defendant into a mere numerical data point leads to further problems, such as the inability to understand the algorithm or to challenge it. These problems are also identified in a recent resolution of the European Parliament, which states that due to the limits of current AI technology, judges are limited in their sentencing options and are often influenced more by data than by the individual offender. If these issues are not addressed, criminal justice systems could become increasingly ineffective and prone to errors. However, risk assessment tools such as Ulf's could be useful in revising sentencing guidelines, but only in a new, different way--instead of constantly monitoring the offender, they could help to better understand their personality and criminal tendencies, thus facilitating individualized punishment. This perspective has great potential to improve offender rehabilitation, as it addresses the long-standing issue of judicial overreach.
  • 02:05:00 Intelligenza artificiale is being used to improve the process of criminal justice by providing a more complete database. This database is instrumental in the definition of risk management strategies for the individual, which help to understand how the convicted person can be supported through individualized programming and in particular, coherent with their individual needs. The structure is based on the principle of the reef principle, which states that need is the most important principle. The main responsibilites are then divided according to this principle: primary and secondary responsibles. The principle of the challenge states that it is evident who must be treated as a high risk offender, and in order to achieve a good result, data on risk factors that are empirically related to recidivism must be collected. From the point of view of the Nyt, it is important to identify what should be the main focus of sanctions treatment and from this point of view, it will be necessary to obtain the most comprehensive information on the needs of the convicted person. The instruments are very different; some use questionnaires, others interviews. There is great interest in the analysis of the offender's socio-cognitive abilities and approaches designed to learn from motivation and skills in the offender. These instruments also take into account the so-called protecting factors
  • 02:10:00 This video discusses the potential benefits of artificial intelligence (AI) in the criminal justice system, including the potential to improve the process of rehabilitation. It focuses on the use of risk assessment tools, which can provide criminal justice officials with more information about the offender and help to design appropriate punishments. However, there are several problems with risk assessment tools, the most important of which is their limited capacity. This limits the effectiveness of rehabilitation programs, worsens overcrowding in prisons, and ultimately undermines the rehabilitation efforts of offenders.
  • 02:15:00 The video discusses the possible effects of artificial intelligence on the justice system, specifically the judicial decision-making process. It suggests that, while AI might initially replace human judges, it may ultimately serve as a tool for human judges to maintain control over their decision-making. It also discusses the potential benefits of using AI in the justice system, such as increased accuracy and efficiency.
  • 02:20:00 This video discusses the need to rethink concepts used in the legal process, specifically with regards to the process of artificial intelligence. The speaker points out that this is a difficult and intense talk, and even harder to summarize. However, he aims to do just that, by following the extensive discussions on which he has based his own work on the legal process. He is not sure after all these years of work if a categorical answer is even possible, given the slow reaction of the legal system to change. He goes on to say that, in practice, changing paradigms may be very difficult, and may require a lot of effort on the part of the legal practitioner.
  • 02:25:00 The digital revolution is sweeping through the criminal justice system, with decisions being made about evidence and punishment increasingly being made with the help of artificial intelligence. In this talk, a legal scholar discusses the implications of this shift and how judges and lawyers can best utilize digital tools in the courtroom.
  • 02:30:00 The video discusses the current state of artificial intelligence (AI) and the process of law, specifically the role of AI in determining the accuracy and efficiency of the criminal justice system. It discusses the two possible scenarios for the future of the criminal justice system and how they are interconnected. The main points made are that the current system is inefficient and that we need to find ways to reduce the amount of criminal justice cases brought to trial. One possible solution is to depenalize certain offenses, which has been unsuccessfully attempted for 30 years. The video ends with a discussion of the need to develop a common glossary for law professionals so that they can understand each other better and make progress on the next step, which is to develop a project to make this Glossary a reality.
  • 02:35:00 The video discusses the potential benefits of artificial intelligence (AI) being used in the criminal justice system, specifically because we cannot stop and must begin to say where and in which directions the modernized digital solution can be helpful for the present situation of the law penal system. I believe that this is the perspective that animates all of us who are here today more or less accustomed to [TRANSCRIPT ENDS]
  • 02:40:00 The video discusses the issue of artificial intelligence and the criminal process, focusing on the lack of transparency in government and the lack of knowledge about the use of AI in the national level. It argues that greater transparency is needed in order to have a meaningful debate on the issue at the international level. The video also discusses the need for courts to take into account precedents set in other areas of law, such as the Council of State's recent decision granting certain protections to the use of facial recognition software by public agencies.
  • 02:45:00 In the video, the host talks about the importance of data gathering and how artificial intelligence is used to process legal cases. He points to existing problems with the Italian legal system, such as the lack of a well-defined process for data collection, inadequate storage methods, and a lack of privacy protections. He also talks about the need for individualized treatment of offenders, which requires a well-functioning glossary of legal terms common to the judicial system. Finally, he mentions the need for judicial office modernization, which would make it easier for judges to use multiple disciplines and to be more collaborative.
  • 02:50:00 The talk discussed the future of the justice system, which is expected to be increasingly reliant on artificial intelligence. While some may see this as a good thing, others are concerned about the potential implications of such technology. Some possible concerns include the ability of AI to effectively govern decision-making mechanisms, and the possibility that it will be used to unfairly advantage certain groups of people. However, despite these concerns, the speakers feel that they have accomplished enough in the present to start thinking about the future and setting some limits on how AI can be used.
  • 02:55:00 The meeting ended with the conclusion that artificial intelligence (AI) and the criminal process will continue to develop together, as long as there are developments that can be followed. I would say that at this point, we can declare the meeting closed. I thank everyone for their participation and passion for this complex topic. Good afternoon and evening everyone.

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