Thereafter, we will turn to the normative arguments that are implied by the epistemological ones. The purpose of this paper is to describe both debates, at least approximately, in order to understand the epistemological value that can be attributed to correlations and predictions in general. At the core of this debate lies the epistemological value of statistical tools, which is also leading to reevaluations of the procedure (and value) of computational and statistical sciences. 2021 Ugwudike 2021).īut these legal reflections and warnings often obviate an important ongoing debate that is pertinent in the philosophy of science since the beginning of this century. Other authors have raised the issue of the scope and value that the predictions generated by such algorithms should receive in the police or judicial sphere (Hannah-Moffat 2009 Parmar and Freeman 2016 Ratcliffe 2019 Meijer and Wessels 2019 Garrett and Monahan 2020 Alikhademi et al. In criminal law, the need to critically review the use of both existing and future technologies (Greenstein 2021) has largely been connected to discussions on the implications of the adoption of statistical risk assessment tools for the paradigm of culpability (Allen 2001 Greenstein 2021). 2016) and the world-wide implementation of HCR-20 – Historical Clinical Risk Management-20 –, used to predict the risk of violence in forensic practice (Scurich 2018 Silva 2020). 2018) the controversial COMPAS – Correctional Offender Management Profiles for Alternative Sanctions –, used by criminal justice agents in the USA to aid decision-making based on the risk of recidivism (Fass et al. 2019) RisCanvi, which informs penitentiary measures in Catalonia (Andrés-Pueyo et al. Examples of technologies that have been deployed so far include VioGen, used in Spain to guide police protective action with regards to potential victims of gender-based violence (López-Ossorio et al. The current debate on the possibilities and limitations of the use of artificial intelligence is of vital importance for the criminal justice system (Castro-Toledo 2022 Greenstein 2021), and the use of actuarial algorithmic tools (NACDL Task Force on Risk Assessment Tools 2020) is a particularly important issue of this debate.
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