Justification and Risk Elimination of Artificial Intelligence Assisting Criminal Procedure Decision-making——From the perspective of sentencing auxiliary system
The revolutionary wave of artificial intelligence has clearly shown the inevitability of artificial intelligence entering the criminal litigation fields.However,at the macro level,there are"non-neutral"and"unexplained"legitimacy dilemmas for artificial intelligence to intervene in criminal proceedings in the form of auxiliary decision-making;at the micro level,as a typical representative,the sentencing auxiliary system in judicial practice is also eroding the judge's discretion.And simply excluding artificial intelligence in criminal proceedings is not realistic,nor is it conducive to the modernization of the rule of law.A more rational approach is to build a non-discriminatory algorithm,get out of the fog of the"black box"by"understanding and restricting the black box",and take"falsification"as the pursuit and boundary of AI-assisted decision-making.Furthermore,the concept and system are two-pronged:by breaking the"technical superstition"of judges and reforming the current assessment and evaluation system,the real risks it brings to judges'discretion are eliminated.
criminal proceedingsAI-assisted decision-makinglegitimacy dilemmarisks of discretionary power
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