AI and Criminal Justice: Trust, Conflict and Power

IX AIDP Symposium for Young Penalists

Artificial intelligence (AI) is progressively transforming decision-making processes and affecting our everyday lives. 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, e.g. 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 (e.g. UNICRI-Interpol: Towards responsible AI Innovation, 2020; Council of Europe: Recommendation on the human rights impacts of algorithmic systems, 2020; European Commission: White Paper on Artificial Intelligence, 2020). 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 oversight, data protection, due process, fair trial, access to justice, effective redress and remedy. There is, therefore, a clear need to address these issues and raise awareness on AI systems’ capabilities and limitations within criminal justice in order to be better prepared for the future that is now upon us.

AIDP Symposia for Young Penalists have become a focal point for exchange on current issues of criminal justice. Young academics and practitioners share their ideas on an international forum, receive feedback and are inspired by renowned keynote speakers and moderators, and work together to learn more – and improve – criminal justice. For further information, visit the AIDP Young Penalists website: www.youngpenalists.com
The Ninth International AIDP Symposium for Young Penalists is hosted by the Forschungskolleg Humanwissenschaften of the Goethe-University Frankfurt and co-organized by the Research Centre “Normative Orders”, the Research Initiative „ConTrust: Vertrauen im Konflikt – Politisches Zusammenleben unter Bedingungen der Ungewissheit“ and by the Young Penalists Committee of the International Association of Penal Law (AIDP).

Registration
The Symposium takes place in accordance with the so called 2G+ rule, i.e. for the attendance it is required proof of vaccination or recovery and to undertake a free self test on site. Attendance at the conference is free, but the number of places is limited due to covid prevention protocols. Pre-registration (before 9.12.2021) is therefore required at recchia@jur.uni-frankfurt.de

Organization and Contact
Dr. Nicola Recchia, LL.M. recchia@jur.uni-frankfurt.de

Programme (pdf): Click here…

Conference Program

Thursday, 16 December 2021, 14.00

Registration of Participants

Welcome Address
Francesco Mazzacuva (University of Parma, President of the YP International Committee)

Introductory Remarks
Christoph Burchard (Goethe-University Frankfurt, Normative Orders, ConTrust)

Panel I: AI Applications and Criminal Liability
Chair: Ulrich Sieber (Former Director Max Planck Institut for Foreign and International Criminal Law, President AIDP Germany)
Anna Moraiti (PhD Student, University of Luxembourg), AI Crimes and Misdemeanors: Debating the Boundaries of Criminal Liability and Imputation
Beatrice Panattoni (PhD Student, University of Verona), AI and Criminal Law: The Myth of ‘Control’ in a Data-Driven Society

Coffee Break

Panel II: AI as a Tool in Corporate Criminal Compliance
Chair: Nina Peršak (University of Ljubjana, Co-Editor in Chief RIDP)
Leonardo Simões Agapito (PhD Student, University of São Paulo), Matheus de Alencar e Miranda (PhD Student, State University of Rio de Janeiro) and Túlio Felippe Xavier Januário (PhD Student, University of Coimbra), On the Potentialities and Limitations of Autonomous Systems in Money Laundering Control
Federico Mazzacuva (Post-doc, University of Milan Bicocca), The Impact of AI on Corporate Criminal Liability: Algorithmic Misconduct in the Prism of Derivative and Holistic Theories

Panel III: AI-based Investigative Tools
Chair: Gert Vermuelen (Ghent University, Director General of Publications AIDP)
Katherine Quezada Tavárez (Researcher, KU Leuven), Augmented Reality in Law Enforcement from an EU Data Protection Law Perspective: the Darlene Project as a Case Study
Bárbara da Rosa Lazarotto (PhD Student, Free University of Brussels – VUB) The Application of the GDPR in Criminal Courts when Using AI as Biometric Evidence

Friday, 17 December 2021, 9.30

Panel IV: The Impact of AI on Criminal Procedural Law
Chair: Dominik Brodowski (Saarland University, General Secretary AIDP Germany)
Miguel João Costa (Guest Lecturer and Integrated Researcher, University of Coimbra) and António Manuel Abrantes (Guest Lecturer, Portuguese Catholic University), The Challenges of AI for Transnational Criminal Law: Jurisdiction and Cooperation
Kelly Blount (PhD Student, University of Luxembourg), Applying the Presumption of Innocence to Policing with AI

Coffee Break

Panel V: Predictive Policing and Risk Assessment Tools in Criminal Justice
Chair: Katilin Ligeti (University of Luxembourg, Vice-President AIDP)
Alice Giannini (PhD Student, University of Florence and University of Maastricht), Lombroso 2.0: On AI and Predictions of Dangerousness in Criminal Justice
Julia Heilemann (Legal Trainee, European Court of Human Rights), Click, Collect and Calculate – The Growing Importance of Big Data in Predicting Future Criminal Behaviour

Concluding Remarks and Future Perspectives
John Vervaele (Utrecht University, President of the AIDP)

Farewell Address
Nicola Recchia (Goethe-University Frankfurt, YP International Committee)