Artificial Intelligence and Issuing the Criminal Sentences: Decision-making or Decision-taking?
The role of artificial intelligence-related technologies in legal knowledge is significant like most other scientific fields. Legal criminal sciences, and criminal justice system, have not unbenefited from the presence of this technology. In many developed countries, artificial intelligence-related...
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| Format: | Article |
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Tarbiat Modares University
2023-12-01
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| Series: | پژوهش های حقوق تطبیقی |
| Subjects: | |
| Online Access: | http://clr.modares.ac.ir/article-20-72285-en.pdf |
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| author | Mohammadsadegh Sheykhvand Rouhoddin kord Alivand Behrouz Minaei Mohammad Ashoori Mohammadali Mahdavisabet |
| author_facet | Mohammadsadegh Sheykhvand Rouhoddin kord Alivand Behrouz Minaei Mohammad Ashoori Mohammadali Mahdavisabet |
| author_sort | Mohammadsadegh Sheykhvand |
| collection | DOAJ |
| description | The role of artificial intelligence-related technologies in legal knowledge is significant like most other scientific fields. Legal criminal sciences, and criminal justice system, have not unbenefited from the presence of this technology. In many developed countries, artificial intelligence-related systems are applied in various stages of criminal proceedings. The basic question is, "are the technologies related to artificial intelligence applicable in the process of issuing a criminal sentence? And if yes, what are the challenges in front of it?" The method of research is descriptive and analytical. It indicates that, the influence of personal feelings in judicial proceedings, lack of accuracy and speed in handling cases, application of prejudices and individual tastes, as well as conscious or unconscious biases, are among the most important reasons of applying artificial intelligence technologies at sentencing level. However, using the cloak of judgment in an autonomous is the main barrier of this path and will bring harmful challenges, such as partiality, lack of transparency, dehumanization in the decision-making process, and homogenization in judgment. On this basis, the presence of artificial intelligence as a decision-making tool, facilitator and assistant in the criminal sentencing phase is recommended. However, the use of this technology in a decision-taking and independent manner is contrary to the modern requirements of judgment and punishment doctrine. In fact, it will bring legal breaks and question the human contribution in the administration of justice. |
| first_indexed | 2024-04-24T12:44:56Z |
| format | Article |
| id | doaj.art-9b57763fa20947cd9025a3a1638f3af2 |
| institution | Directory Open Access Journal |
| issn | 2251-6751 2476-6801 |
| language | fas |
| last_indexed | 2024-04-24T12:44:56Z |
| publishDate | 2023-12-01 |
| publisher | Tarbiat Modares University |
| record_format | Article |
| series | پژوهش های حقوق تطبیقی |
| spelling | doaj.art-9b57763fa20947cd9025a3a1638f3af22024-04-07T06:59:33ZfasTarbiat Modares Universityپژوهش های حقوق تطبیقی2251-67512476-68012023-12-01274138167Artificial Intelligence and Issuing the Criminal Sentences: Decision-making or Decision-taking?Mohammadsadegh Sheykhvand0Rouhoddin kord Alivand1Behrouz Minaei2Mohammad Ashoori3Mohammadali Mahdavisabet4 PhD. Student in Criminal Law and Criminology, Department of Faculty of Law, Theology and Political Sciences, science and Research Branch, Islamic Azad University, Tehran, Iran Doctor and researcher in the field of criminal law and criminology, responsible for the coordination of Rennes Foundation research projects, Rennes University, Rennes, France Associate Professor, Department of Computer Engineering Iran University of Science and Technology (IUST), Tehran, Iran Professor in Criminal Law and Criminology, Department of Faculty of Law, Theology and Political Sciences, science and Research Branch, Islamic Azad University, Tehran, Iran Assistant Professor in Criminal Law and Criminology, Department of Faculty of Law, Theology and Political Sciences, science and Research Branch, Islamic Azad University, Tehran, Iran The role of artificial intelligence-related technologies in legal knowledge is significant like most other scientific fields. Legal criminal sciences, and criminal justice system, have not unbenefited from the presence of this technology. In many developed countries, artificial intelligence-related systems are applied in various stages of criminal proceedings. The basic question is, "are the technologies related to artificial intelligence applicable in the process of issuing a criminal sentence? And if yes, what are the challenges in front of it?" The method of research is descriptive and analytical. It indicates that, the influence of personal feelings in judicial proceedings, lack of accuracy and speed in handling cases, application of prejudices and individual tastes, as well as conscious or unconscious biases, are among the most important reasons of applying artificial intelligence technologies at sentencing level. However, using the cloak of judgment in an autonomous is the main barrier of this path and will bring harmful challenges, such as partiality, lack of transparency, dehumanization in the decision-making process, and homogenization in judgment. On this basis, the presence of artificial intelligence as a decision-making tool, facilitator and assistant in the criminal sentencing phase is recommended. However, the use of this technology in a decision-taking and independent manner is contrary to the modern requirements of judgment and punishment doctrine. In fact, it will bring legal breaks and question the human contribution in the administration of justice.http://clr.modares.ac.ir/article-20-72285-en.pdfartificial intelligencelegal criminal sciencesartificial intelligence judgementartificial intelligence decision making |
| spellingShingle | Mohammadsadegh Sheykhvand Rouhoddin kord Alivand Behrouz Minaei Mohammad Ashoori Mohammadali Mahdavisabet Artificial Intelligence and Issuing the Criminal Sentences: Decision-making or Decision-taking? پژوهش های حقوق تطبیقی artificial intelligence legal criminal sciences artificial intelligence judgement artificial intelligence decision making |
| title | Artificial Intelligence and Issuing the Criminal Sentences: Decision-making or Decision-taking? |
| title_full | Artificial Intelligence and Issuing the Criminal Sentences: Decision-making or Decision-taking? |
| title_fullStr | Artificial Intelligence and Issuing the Criminal Sentences: Decision-making or Decision-taking? |
| title_full_unstemmed | Artificial Intelligence and Issuing the Criminal Sentences: Decision-making or Decision-taking? |
| title_short | Artificial Intelligence and Issuing the Criminal Sentences: Decision-making or Decision-taking? |
| title_sort | artificial intelligence and issuing the criminal sentences decision making or decision taking |
| topic | artificial intelligence legal criminal sciences artificial intelligence judgement artificial intelligence decision making |
| url | http://clr.modares.ac.ir/article-20-72285-en.pdf |
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