Digitalization and criminal justice
Instructional goals
Provide students with the tools to understand, analyse and address the impact of digitalisation on the criminal justice system as a whole.
Intended learning outcomes
Knowledge and understanding: The student will have acquired, through participation in lectures and the various practical activities offered during the course, a comprehensive knowledge of the impact of digitalisation on the criminal justice system as a whole and on the legal professions in the criminal justice field. At the end of the course, this knowledge will be tested through a final exam, which will be conducted in accordance with the assessment methods and criteria set out in detail in the section of the syllabus entitled "Assessment Method".
Applying knowledge and understanding: The student, by applying the theoretical knowledge and practical skills acquired during the course, will be able to address and solve the legal and technical issues related to the use of digital tools for crime prevention and the impact of digitalisation on criminal proceedings. The student will also be able to use the main digital tools that support legal professionals in the field of criminal law and to apply the related research methodologies, also with reference to the drafting of papers. At the end of the course, this knowledge will be tested through a final exam, which will be conducted in accordance with the assessment methods and criteria set out in detail in the section of the syllabus entitled "Assessment Method".
Making judgement: by participating in the course, the student will be able to independently collect and analyse, also using digital tools, all relevant sources regarding the impact of digitalisation on the criminal justice system as a whole, and to identify, with critical judgement, concrete solutions to real problems.
Communication skills: At the end of the course, the student will be able to use the technical-legal vocabulary of the subject. During the various practical activities planned throughout the course, students will be able to put these communication skills into practice in different situations, adapting the terms used to the context. In addition, through the practical activities and the part of the final exam related to the writing of a paper, the student will acquire the ability to write correctly, applying the methods of research acquired during the course.
Learning skills: the knowledge acquired during the course will enable the student to independently understand, analyse and deal with any new legislation and innovation related to the digitalisation of criminal justice. The student will also acquire the necessary skills to follow professional specialisation courses in this field.
Course Contents
1) Digitalisation and crime prevention in the public sector
2) Digitalisation and crime prevention in the private sector
3) Digitalisation and criminal liability
4) The “digital” criminal trial
5) The use of digital tools to support criminal justice practitioners
Reference Books
Students can study for the exam using the course materials that will be uploaded to the MyLuiss page of the course.
Teaching Methods
Face-to-face lessons; case studies; professional exchange; self-assessment quiz; practical workshops and final paper aimed at enabling students to put their theoretical knowledge into practice.
Assessment Method
The final exam will be conducted in different ways depending on the percentage of class attendance.
For students who have attended less than 80% of the lessons, the final examination will consist exclusively of an oral exam in which the student will have to demonstrate that he/she has acquired the expected learning outcomes, in particular with regard to the understanding of the impact of digitalisation on crime prevention, on the assessment of criminal liability, on the criminal trial and on the legal professions in criminal law, and also that he/she has acquired a correct method of analysis of the relevant sources and an appropriate technical-legal vocabulary. The following assessment criteria will be taken into account in the marking: knowledge and understanding of the course topics and ability to apply the relevant legal principles to concrete cases (65%); legal-technical vocabulary, ability to independently evaluate and analyse relevant sources (35%). Students cannot pass the exam with learning gaps in one or more topics, even if they have a basic knowledge of the subject.
For students who have attended at least 80% of the lessons:
- 50% of the final mark will be awarded as a result of a final oral exam focusing exclusively on the topics specified in the syllabus for weeks 2, 3, 4, 5 and 6.
During this final oral exam, the student will have to demonstrate that he/she has acquired the expected learning outcomes, in particular with regard to the understanding of the impact of digitalisation on crime prevention and the assessment of criminal liability, and that he/she has acquired a correct method of analysis of the relevant sources and an appropriate technical-legal vocabulary. The following assessment criteria will be taken into account in the marking: knowledge and understanding of the course topics and ability to apply the relevant legal principles to concrete cases (65%); legal-technical vocabulary, ability to independently assess and analyse relevant sources (35%). Students cannot pass the exam with learning gaps in one or more topics, even if they have a basic knowledge of the subject.
- The remaining 50% of the final grade will be awarded on the basis of the evaluation of a final paper (take-home formula), to be prepared on the basis of the editing criteria and on one of the topics indicated by the professor, with reference exclusively to the topics listed in the syllabus in weeks 7, 8, 9, 10, 11 and 12. This final paper must be sent by the student to mbrancati@luiss.it 7 days before the date chosen for the final oral exam.
The following assessment criteria will be taken into account in the marking: methodological approach and structure of the paper, quality and completeness of the research and sources cited, logic, coherence and correctness of the overall structure of the paper and the analysis carried out (60%); clarity, legal and technical vocabulary (40%). These assessments will also take into account the student's active participation in the lectures and practical activities planned throughout the course.
Thesis assignment criteria
N/A
Week 1
Presentation of the course (course content and methodology, learning objectives, expected learning outcomes, practical activities planned during the course, reference materials).
Description of exam methods and assessment criteria.
----
Digitalisation and criminal justice: introduction, general framework, contexts.
Week 2
Digitalisation and crime prevention in the public sector
Topic 1.1. The use of intelligent algorithms in crime prevention: predictive policing and law enforcement
Week 3
Digitalisation and crime prevention in the public sector
Topic 1.2. Big data analytics and crime prevention in the public sector
Week 4
Digitalisation and crime prevention in the private sector
Topic 1.1. The use of digital tools to support the adoption and effective implementation of compliance programs under Italian Legislative Decree no. 231/2001 on corporate criminal liability
Topic 1.2. Blockchain technologies and crime control
Topic 1.3. Corporate internal investigation and new technologies
Week 5
Digitalisation and criminal liability
Topic 1.1. AI-related crimes and issues in allocating criminal liability between individuals and corporations
Cases:
1) Self-driving cars;
2) High-frequency algorithmic trading.
Topic 1.2. Future perspectives:
- The autonomous criminal liability of intelligent agents (proposals and critical issues)
- The European AI Act and its punitive law implications
Week 6
Digitalisation and criminal liability
Topic 1.3. Intelligent algorithms, criminal justice and the assessment of an individual's dangerousness:
The Loomis case.
The SAVRY system
-----
Anonymous self-assessment quiz on the topics of weeks 1 to 6. Classroom discussion and debate on the results.
Week 7
The digital criminal trial
Topic 1.1. General framework and regulatory developments in the light of the so-called “Cartabia Reform”
Topic 1.2. The so-called "digital native" act
Week 8
The digital criminal trial
Topic 1.3. Telematic filing
Topic 1.4. The electronic record
Topic 1.5. Remote acts and hearings
Topic 1.6. Notifications, digital domicile and telematic criminal trial
Week 9
Classroom workshop on the subjects covered by the course
Week 10
The use of digital tools to support the legal professionals in criminal justice
Topic 1.1. The main databases in the field of criminal law (overview and practical examples); AI agreement
Topic 1.2. Research techniques and methodologies related to the use of digital tools
Week 11
The use of digital tools to support legal professionals in criminal justice
Topic 1.3. The use of digital tools and legal comparative research in criminal law (overview and practical examples)
Topic 1.4. Research techniques and methodologies with regard to foreign legislation and articles/legal sources in criminal law
Week 12
Final workshop on the use of digital tools to support legal professionals in criminal law