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Artificial intelligence and the transformation of criminal trials : preserving fairness in Europe
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Florence : European University Institute, 2023
EUI; LAW; PhD Thesis
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PALMIOTTO, Francesca, Artificial intelligence and the transformation of criminal trials : preserving fairness in Europe, Florence : European University Institute, 2023, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/75243
Abstract
This thesis explores the transformative impact of AI in criminal trials and questions whether procedural fairness can be preserved in the automation age. This work aims to contribute to the academic debate on AI and fundamental rights, stimulate discussions concerning AI regulation at the EU level, and anticipate legal issues that member states will increasingly face in the years to come. By focusing on the use of AI systems to generate criminal evidence, this thesis provides a reconstruction of fairness in criminal trials as a normative and legal concept and reframes the rights enshrined in Article 6 of the ECHR for the automation age (Ch. II). Secondly, it conducts a doctrinal analysis of the EU legislative measures regulating AI according to three key themes: secrecy, transparency and the reliability of AI systems (Ch. III). Finally, it shows how AI challenges the core principles of a fair trial, focusing on the redefined roles of trial actors (Ch. IV), and advances proposals to counterbalance such a transformation whilst preserving fairness in criminal trials (Ch. V). In this thesis, I contend that the use of AI systems to generate evidence in criminal trials leads to a threefold transformation: 1) new actors enter the scene, bringing commercial interests into the proceeding; 2) criminal trials become increasingly mediated by experts; 3) the traditional model of evidence examination is fundamentally changed: from inside the courtroom, audi alteram partem, to outside the trial, in absentia of the parties. To address this transformation and preserve the core principles of a fair trial, I argue for the need for legal reforms to guarantee access to information and experts for the defence. In the sector of criminal justice, a multi-level legal response, encompassing EU law, human rights law and national criminal law, is necessary to face the challenges brought by AI.
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Defence date: 23 January 2023
Examining Board: Prof. Deirdre Curtin (European University Institute); Prof. Mireille Hildebrandt (VUB); Prof. Serena Quattrocolo (Università del Piemonte Orientale); Prof. Giovanni Sartor (European University Institute)
Examining Board: Prof. Deirdre Curtin (European University Institute); Prof. Mireille Hildebrandt (VUB); Prof. Serena Quattrocolo (Università del Piemonte Orientale); Prof. Giovanni Sartor (European University Institute)
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Chapter 2 'Reframing procedural fairness for ai' of the PhD thesis draws upon an earlier version published as chapter 'The black box on trial : the impact of algorithmic opacity on fair trial rights in criminal proceedings' (2021) in the book 'Algorithmic governance and governance of algorithms : legal and ethical challenges'.