The deep involvement of digital information technology in criminal justice has led to the emergence of algorithmic evidence.Criminal algorithmic evidence should be limited to the category of machine-led with human assistance machine learning algorithmic evidence,which can be classified as a specialized issue report.Through the process of data structuring,algorithms reveal the causal relationship between big data and the facts to be proved.Algorithmic evidence is the result of evaluating big data under the holistic model of judicial proof,including predictive algorithmic evidence,identification algorithmic evidence,and analytical algorithmic evidence.There are three levels of risks and two-dimensional dilemmas in the judicial application of algorithmic evidence.The three levels of risks are:first,the impact on the presumption of innocence and free evaluation of evidence;second,the issue of factual determination errors or discrimination under the'probably approximately correct(PAC)'theory;third,the trend of implicit and alienated exercise of power.The two-dimensional dilemmas are:in terms of substantive dilemmas,it is difficult to achieve effective regulation and supervision of algorithms through means such as algorithmic transparency and interpretability,personal data empowerment,and anti-algorithmic identity discrimination,which affects the reasonable application of algorithmic evidence.In terms of procedural dilemmas,the lack of rules in the supervision procedures of data selection and algorithm design,result notification and interpretation procedures,and objection or cross-examination procedures restricts the effectiveness of the application of algorithmic evidence.To address these issues,first,the auxiliary nature of factual determination,technical due process,and the principle of proportionality should be used as the conceptual guidelines for the judicial application of algorithmic evidence.Second,based on the algorithmic evidence generation process,the specific elements of the reliability of algorithmic evidence should be clarified from the perspectives of data reliability and algorithm reliability.Finally,rules for evidence collection,disclosure,cross-examination,and authentication should be established to strengthen the procedural regulation of the application of algorithmic evidence.
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