Nell’AUTOMATING SOCIETY REPORT 2020, che riguarda 16 Paesi, è stato dedicato ampio spazio all’Italia, con particolare attenzione ai progetti di “Predictive policing” e “Predictive justice“.
In particolare, nel documento di legge:
<<Predictive policing has also made its mark in Italy and findings unearthed in this report clearly show how solutions like XLAW are widely deployed, tested, and implemented. Predictive justice and health projects are also being explored, mostly at the local level>> (pag. 148).
<<The creator of XLAW, Elia Lombardo, describes the software
as a probabilistic, machine learning-powered solution for
trends and pattern discovery in crimes. The rationale behind its workings is the “hunting reserves” model of crimespotting, that assumes “predatory” crimes (e.g. burglary, robbery) to be both “recurrent” and “residing”. This implies that one can deduce — or more accurately, induce — how
criminal behavior will unfold, before it has happened, by intelligent analysis of the criminal history of a location over time. Lombardo claims to have done this by carefully analyzing 20 years of data and also by calling on his experience in the field. As a result, thanks to XLAW, law enforcement officials can be alerted and deployed on the scene before a crime has even happened. At the same time, XLAW provides police officers with details as precise as “genre, height, citizenship, distinguishing features, and biometrics” of a potential suspect>> (pag. 154).
<<In 2019, the first experiment with automated decision-making within the justice system was developed at LIDER Lab Scuola Superiore Sant’Anna in collaboration with EMbeDS, KDD Lab and the Tribunal of Genoa (Gonews 2019).
Called “Predictive Jurisprudence”, it allows researchers to access and analyze — through machine learning techniques — the corpus of rulings pronounced by the judiciary in the Liguria capital. The purpose of this is to extract meaningful information for further processing, starting with the identification of common trends in jurisprudence focused on a specific subject matter (e.g., past judgments on a certain typology of crime or around similar court cases).
This would provide a benchmark against which each human judge might assess the case before him or her, and easily check for consistency with previous rulings in analogous situations. Ideally, it might even produce predictions regarding a practitioner’s future behavior in similar cases.
Genoa Tribunal president, Enrico Ravera, argues that the aim of the project is not a mere “extrapolation of statistics from case studies”, but rather to “apply artificial intelligence techniques to jurisprudence”. More precisely, “Predictive Jurisprudence” is described by the research team, coordinated by Prof. Giovanni Comandé, as “a multilayer project unfolding into five interconnected but autonomous levels”>> (pag. 151).
<<In 2018, the Appeals Court and Tribunal in Brescia also started their own experiment with “predictive justice” through a pilot project that aims to extract predictions about the length of a lawsuit, and the principles that will most likely be adopted in evaluating it and goes as far as providing an estimated probability of having a complaint approved (BresciaOggi 2018).
This is part of a two-year long collaboration between the justice system and the University of Brescia which consists of the following steps: identification of the subject matter to analyze, creation of a database for each topic, designing of the “work groups” among university resources that will operationally interface with the tribunal, extraction of predictions by researchers and, finally, publication and dissemination of findings (AgendaDigitale 2019) — which, at the time of writing, are not yet available>> (pag. 151).
Per approfondimenti–> FOCUS: giustizia predittiva tra giurisprudenza, dottrina, prassi
-VIOLA (a cura di), Giustizia predittiva e interpretazione della legge con modelli matematici (con introduzione di Giovanni MAMMONE e contributi diStefano AMORE, Giuseppe BUFFONE, Tiziana CARADONIO, Veronica CASALNUOVO, Caterina CHIARAVALLOTI, Pietro CHIOFALO, Gianfranco D’AIETTI, Gaetano DANZI, Valerio de GIOIA, Mirella DELIA, Michele FILIPPELLI, Jasna GERIC, Pierluigi GILLI, Andrea GIORDANO, Manuela RINALDI, Serafino RUSCICA, Piero SANDULLI, Matteo SANTINI, Stefano SCHIRÒ, Marco SCIALDONE, Giulio SPINA, Luigi VIOLA, Luisa Iolanda CALVAGNA), Milano, DirittoAvanzato, 2019;
-VIOLA,Interpretazione della legge con modelli matematici. Processo, a.d.r., giustizia predittiva, DirittoAvanzato, Milano, 2018 (tradotto anche inglese, tedesco, spagnolo, francese).