Artificial intelligence: criminal and procedural aspects

2021 ◽  
pp. 75-89
Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Judicial Practice ◽  
Legal Expert ◽  
To Come ◽  
Definition Of ◽  
Self Learning

For millennia, mankind has dreamed of creating an artificial creature capable of thinking and acting “like human beings”. These dreams are gradually starting to come true. The trends in the development of modern so-ciety, taking into account the increasing level of its informatization, require the use of new technologies for information processing and assistance in de-cision-making. Expanding the boundaries of the use of artificial intelligence requires not only the establishment of ethical restrictions, but also gives rise to the need to promptly resolve legal problems, including criminal and proce-dural ones. This is primarily due to the emergence and spread of legal expert systems that predict the decision on a particular case, based on a variety of parameters. Based on a comprehensive study, we formulate a definition of artificial intelligence suitable for use in law. It is proposed to understand artificial intelligence as systems capable of interpreting the received data, making optimal decisions on their basis using self-learning (adaptation). The main directions of using artificial intelligence in criminal proceedings are: search and generalization of judicial practice; legal advice; preparation of formalized documents or statistical reports; forecasting court decisions; predictive jurisprudence. Despite the promise of using artificial intelligence, there are a number of problems associated with a low level of reliability in predicting rare events, self-excitation of the system, opacity of the algorithms and architecture used, etc.

HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

The Knowledge Economy and Social Impact

2022 ◽  
pp. 85-90
Author(s):  
Fabian Koss ◽  
Giulia D'Amico
Keyword(s):  
Artificial Intelligence ◽  
Knowledge Economy ◽  
Social Impact ◽  
New Technologies ◽  
Online Courses ◽  
The World ◽  
Definition Of ◽  
Google Search ◽  
Global Initiatives ◽  
Vision Care

There is not a one-size-fits-all definition of “social impact.” In fact, in a Google search for “What is social impact?” more than 400 results appear. This chapter will highlight global initiatives led by OneSight, an NGO that is utilizing new technologies to combat the vision care crisis, and CanopyLAB, a software company that has teamed up with over 120 NGOs around the world to create and provide online courses utilizing artificial intelligence.

scholarly journals Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings

2020 ◽  
Vol 12 (3) ◽  
pp. 111-121
Author(s):  
Jin Du ◽  
Liping Ding ◽  
Guangxuan Chen
Keyword(s):  
Civil Rights ◽  
State Power ◽  
Criminal Procedure ◽  
Practical Significance ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Definition Of

As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.

Artificial Intelligence in International Arbitration

2020 ◽  
pp. 590-616
Author(s):  
Myriam Gicquello
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Rule Of Law ◽  
Human Beings ◽  
International Arbitration ◽  
Naturalistic Decision Making ◽  
The Rule Of Law ◽  
Behavioural Analysis ◽  
International Adjudication ◽  
Definition Of

This chapter assesses the introduction of artificial intelligence in international arbitration. The contention is that it would not only reinstate confidence in the arbitral system—from the perspective of the parties and the general public—and participate in the development of the rule of law, but also engage with broader systemic considerations in enhancing its legitimacy, fairness, and efficiency. Yet, before addressing the why, what, and how of this proposition, a definition of artificial intelligence is warranted. It should be noted at the outset that this concept has a variety of meanings. Despite the lack of consensus on its meaning, the chapter will thus treat artificial intelligence as encompassing both semi-autonomous and autonomous computer systems dedicated to assisting or replacing human beings in decision-making tasks. It presents the conclusions of two extensive research programs respectively dealing with the performance of statistical models and naturalistic decision-making. From that behavioural analysis, the introduction of artificial intelligence in international arbitration be discussed against the general considerations of international adjudication and the specific goals pertaining to international arbitration.

False Claims Act: Failure to Seek Legal Advice Not a Violation of the FCA

2002 ◽  
Vol 30 (2) ◽  
pp. 318-319
Author(s):  
Jeanne Cavanaugh
Keyword(s):  
Federal Government ◽  
Financial Incentives ◽  
Skilled Nursing ◽  
False Claims Act ◽  
Court Of Appeals ◽  
Legal Advice ◽  
To Come ◽  
Fraudulent Activity ◽  
Definition Of ◽  
False Claim

In United States ex rel. Quirk v. Madonna Towers, Inc., the U.S. Court of Appeals for the Eighth Circuit held that the failure of a skilled nursing facility's executives to seek a legal opinion regarding a billing practice they considered valid did not meet the definition of knowingly presenting a false claim for payment to the federal government under the False Claims Act (FCA). Alleging that the facility that provided care to his aunt fraudulently submitted claims to Medicare for services provided free of charge, the appellant brought this case qui tam on behalf of the federal government under the FCA.The FCA was passed by the legislature in an effort to punish and deter fraud against the federal government. It provides financial incentives for private individuals to come forward with information about fraudulent activity.

Humor, Ethics, and Dignity: Being Human in the Age of Artificial Intelligence

2019 ◽  
Vol 33 (1) ◽  
pp. 3-12 ◽  
Author(s):  
Sean Kanuck
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Ethical Reasoning ◽  
Machine Learning Algorithms ◽  
Training Data ◽  
Data Sets ◽  
Human Beings ◽  
Human In The Loop ◽  
Software Algorithms ◽  
Decision Making Processes

AbstractThe growing adoption of artificial intelligence (AI) raises questions about what comparative advantage, if any, human beings will have over machines in the future. This essay explores what it means to be human and how those unique characteristics relate to the digital age. Humor and ethics both rely upon higher-level cognition that accounts for unstructured and unrelated data. That capability is also vital to decision-making processes—such as jurisprudence and voting systems. Since machine learning algorithms lack the ability to understand context or nuance, reliance on them could lead to undesired results for society. By way of example, two case studies are used to illustrate the legal and moral considerations regarding the software algorithms used by driverless cars and lethal autonomous weapons systems. Social values must be encoded or introduced into training data sets if AI applications are to be expected to produce results similar to a “human in the loop.” There is a choice to be made, then, about whether we impose limitations on these new technologies in favor of maintaining human control, or whether we seek to replicate ethical reasoning and lateral thinking in the systems we create. The answer will have profound effects not only on how we interact with AI but also on how we interact with one another and perceive ourselves.

scholarly journals Combining Big Data and Artificial Intelligence for Managing Collective Knowledge in Unpredictable Environment—Insights from the Chinese Case in Facing COVID-19

2020 ◽  
Author(s):  
Francesca Iandolo ◽  
Francesca Loia ◽  
Irene Fulco ◽  
Chiara Nespoli ◽  
Francesco Caputo
Keyword(s):  
Artificial Intelligence ◽  
Big Data ◽  
Knowledge Management ◽  
Business Models ◽  
New Technologies ◽  
Human Machine Interaction ◽  
Decision Making Processes ◽  
Unpredictable Environment ◽  
Definition Of ◽  
Machine Interaction

AbstractThe increasing fluidity of social and business configurations made possible by the opportunities provided by the World Wide Web and the new technologies is questioning the validity of consolidated business models and managerial approaches. New rules are emerging and multiple changes are required to both individuals and organizations engaged in dynamic and unpredictable paths.In such a scenario, the paper aims at describing the potential role of big data and artificial intelligence in the path toward a collective approach to knowledge management. Thanks to the interpretative lens provided by systems thinking, a framework able to explain human-machine interaction is depicted and its contribution to the definition of a collective approach to knowledge management in unpredictable environment is traced.Reflections herein are briefly discussed with reference to the Chinese governmental approach for managing COVID-19 spread to emphasise the support that a technology-based collective approach to knowledge management can provide to decision-making processes in unpredictable environments.

scholarly journals Here Comes the Hyper-Connected Augmented Consumer

2017 ◽  
Vol 9 (2) ◽  
pp. 10-17 ◽  
Author(s):  
Andrew T. Stephen
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Search Costs ◽  
Data Driven ◽  
Smart Sensors ◽  
Market Intelligence ◽  
Consumer Data ◽  
New Type ◽  
To Come ◽  
Iot Devices

Abstract Consumers have become always on and constantly connected. Search costs have plummeted, individuals’ abilities to digitally express themselves and their opinions increased, and the opportunities for superior business and market intelligence for companies have skyrocketed. This has given rise to more, richer, and new sources of consumer data that marketers can leverage, and has fueled the data-driven insights revolution in marketing. But there is more to come very soon. In marketing, we are quickly moving from the age of the connected consumer to the age of the augmented consumer. New technologies like wearable devices, smart sensors, consumer IoT devices, smart homes, and, critically, artificial intelligence ecosystems will not only connect, but will substantially and meaningfully augment the consumer in terms of their thoughts and behaviors. The biggest challenge for marketers will lie in how they approach marketing to this new type of consumer, particularly personal artificial intelligence ecosystems. This means marketing to algorithms, instead of people, and that is very different to how most marketing work is currently done.

scholarly journals Can Artworks by Artificial Intelligence be Artworks?

2019 ◽  
pp. 113
Author(s):  
Yeonsook Park
Keyword(s):  
Artificial Intelligence ◽  
Media Studies ◽  
Homo Sapiens ◽  
Human Beings ◽  
Adversarial Network ◽  
Adversarial Networks ◽  
Rutgers University ◽  
History Of ◽  
Definition Of ◽  
New Phase

The thinking power of Homo sapiens made human beings the lord of all creation. The ability to reason is also the premise of human existence. We, however, now know that this is not confined only to human but to Artificial Intelligence. Over the history of humankind, human beings have attempted to create an immortal being that could surpass their abilities and complements their inferiorities. We are making something immortal and transcendent, which are different properties from our own. Artificial Intelligence may be able to evolve on its own like humans have been doing. As a kind of numerical being, humans are able to be omnipresent with the technology provided. This new kind of existence makes us think about and see things differently. Humans are attempting to create ‘beings’ that can generate art, take care of weak human beings, talk and discuss human issues, and even fall in love with humans. As our minds can run beyond the boundaries created by our body limitations, we would like to infuse our creativity into AI that might evolve from its original state. Similar to what Prometheus did, humans are attempting to share their legacy with another existence. Recently a research team from Rutgers University in New Jersey proposed a system named CAN: Creative Adversarial Networks for generating art with creative characteristics. The team demonstrated a realization of this system based on a novel, creative adversarial network. Their proposed system possesses the ability to produce novel artworks which make people believe human artists produced them. The data the team proposes proves that AI now attempts to do something considered as a creative activity. With this research, the definition of art should be reconsidered. Since the Fountain(1917) by Duchamp, open concepts toward artworks have been embraced by many artists and their colleagues. However, it is time to contemplate the new phase. When we regard something as artwork, should it be created, selected, and combined by human beings? Is it possible that the thing that is accepted as artwork by people can be art? This paper seeks to propose several opinions regarding these questions. Article received: June 23, 2019; Article accepted: July 6, 2019; Published online: October 15, 2019; Review articleHow to cite this article: Park, Yeonsook. "Can Artworks by Artificial Intelligence be Artworks?" AM Journal of Art and Media Studies 20 (2019): 113-121. doi: 10.25038/am.v0i20.332

scholarly journals Big data for whose sake? Governing migration through artificial intelligence

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Tuba Bircan ◽  
Emre Eren Korkmaz
Keyword(s):  
Artificial Intelligence ◽  
Big Data ◽  
New Technologies ◽  
Control Function ◽  
Big Data Analytics ◽  
Fundamental Rights ◽  
High Tech ◽  
Human Beings ◽  
Security Threat ◽  
Data Accessibility

AbstractAlthough human activity constantly generates massive amounts of data, these data can only be analysed by mainly the private sector and governmental institutes due to data accessibility restrictions. However, neither migrants (as the producers of this data) nor migration scholars (as scientific experts on the topic) are in a position to monitor or control how governments and corporations use such data. Big Data analytics and Artificial Intelligence (AI) technologies are promoted as cutting-edge solutions to ongoing and emerging social, economic and governance challenges. Meanwhile, states increasingly rely on digital and frontier technologies to manage borders and control migratory movements, and the defence industry and military–intelligence sectors provide high-tech tools to support these efforts. Worryingly, during the design and testing of algorithmic tools, migrants are often portrayed as a security threat instead of human beings with fundamental rights and liberties. Thus, privacy, data protection, and confidentiality issues continue to pose risks and challenges to migrant communities and raise important questions for the public and decision-makers alike. This comment seeks to shed light on the lack of effective regulation of AI and Big Data as they are applied in migration ‘management’. Additionally, from the perspective of privacy issues and immigrant rights (seeking asylum as a human right, it aims at advocating improved access to Big Data for scientific research which might act as a social control function for the smart border and existing/ongoing migration governance practices of countries. We argue that the use of Big Data and AI for migration governance requires much better collaboration between migrants (including the civil society and grassroots organisations solidarity that represent them), data scientists, migration scholars and policymakers if the potential of these technologies is to be reached in a way that is reasonable and ethical. Numerous critical privacy questions arise are regarding the legal requirements, confidentiality, and rules of engagement as well as the ethical concerns of (mis)use of new technologies. When the secretive nature of the ongoing exploitation of migrant data by states and corporations is considered raising such questions is essential for progress.

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