CRIMINAL JUSTICE AND NEW TECHNOLOGIES

CRIMINAL JUSTICE AND NEW TECHNOLOGIES

Elisabetta Pietrocarlo, Francesco Maria Damosso

Obiettivi formativi

Provide students with the tools to understand, analyse and address the impact of new technologies on the criminal justice system as a whole.

Risultati di apprendimento attesi

Knowledge and understanding: The student will have acquired, through participation in lectures and the practical activity offered during the course, a comprehensive knowledge of the impact of new technologies on the criminal justice system as a whole. This knowledge will be tested through a midterm written exam and final oral 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 issues related to new technologies and criminal justice. This knowledge will be tested not only through the midterm and final exams, but also during the practical activity. Making judgement: by the end of the course, students will be able to autonomously identify, collect and critically analyse relevant legal, jurisprudential and technical sources concerning the impact of new technologies on the criminal justice system. They will develop the ability to assess risks, opportunities and implications of technological innovations, and to formulate reasoned and well-supported judgements. They will also be able to apply principles of substantive criminal law, criminal procedure and case law to new and evolving scenarios, and to use legal analysis as a basis for anticipating future challenges. In particular, students will be able to apply critical thinking to real or hypothetical cases, identifying concrete and legally sound solutions to emerging issues. Communication skills: At the end of the course, the student will be able to use the technical-legal vocabulary of the subject. During the practical activity, students will be able to put these communication skills into practice, adapting the terms used to the context. In addition, through the practical activity and the midterm exam, the student will acquire the ability to write correctly, applying the knowledge 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 technology and innovation related to criminal justice. The student will also acquire the necessary skills to follow professional specialisation courses in this field.

Contenuti Del Corso

Introduction to Criminal Justice and New Technologies New Technologies and Law Enforcement New Technologies and Criminal Proceedings New Technologies and New Frontiers of Crime: From Criminal Law to Criminal Procedure. Focus on Cryptoassets New Technologies and Criminal Compliance

Testi Di Riferimento

Students can study for the exam using the course materials that will be uploaded to the MyLuiss page of the course.

Metodologie Didattiche

Frontal teaching; class participation and discussion; case studies; practical labs.

Modalità di verifica dell'apprendimento

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 the acquisition of the expected learning outcomes, with regard to the whole course program, as well as a correct method of analysis of the relevant sources and an appropriate technical-legal vocabulary. 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 grade will be based on a written midterm examination covering the topics addressed in weeks 1–6, provided that the student has accepted the grade obtained. 50% of the final grade will be based on an oral examination covering the topics addressed during weeks 7 to 12, provided that the student has accepted the midterm grade. If the midterm grade is not accepted, the oral examination will cover the entire syllabus. The student will have to demonstrate the acquisition of the expected learning outcomes, as well as a correct method of analysis of the relevant sources and an appropriate technical-legal vocabulary. Students cannot pass the exam with learning gaps in one or more topics, even if they have a basic knowledge of the subject. Active class participation and the practical case study exercise will also be positively taken into account in the final evaluation.

Criteri per l’assegnazione dell’elaborato finale

Interest in the subject; good overall result in the evaluation.

Settimana 1

Session 1 Module 1 - Introduction to Criminal Justice and New Technologies Presentation of the course The Concepts of ‘Criminal Justice’ and ‘New Technologies’ Session 2 Module 2 - New Technologies and Law Enforcement Predictive Policing in the United States: Origins, Main Applications and Critical Issues

Settimana 2

Session 1 Predictive Policing in Europe: Main Applications and Critical Issues Session 2 Predictive Policing and the EU Normative Framework: An Overview

Settimana 3

Session 1 Focus. Predictive Policing and The EU Regulation on Artificial Intelligence (AI Act) Session 2 Facial Recognition Technology: Classification, Functions and Applications

Settimana 4

Session 1 The Impact of FRT on Fundamental Rights: ECtHR’s Glukhin Case, Italian Use of SARI and the AI Act Session 2 Module 3 - New Technologies and Criminal Proceedings AI as Evidence and as a Tool for Evidence Gathering

Settimana 5

Session 1 Evidentiary Challenges of AI: Admissibility, Reliability, Explainability. The Deepfake Problem Session 2 AI and Judicial Decision-Support Tools

Settimana 6

Session 1 Profiling Judges with AI: Promises and Risks Session 2 Regulating Judge Profiling: The US Approach, the French Ban and the AI Act

Settimana 7

Session 1 Written midterm exam on topics of weeks 1 to 6. Session 2 The Use of Risk Assessment Tools in Pretrial Decisions. US Experience and Key Case Law

Settimana 8

Session 1 The Use of Risk Assessment Tools in Sentencing. US Experience and Key Case Law Session 2 The Use of Risk Assessment Tools in Sentencing Across Europe. The AI Act

Settimana 9

Session 1 Module 4 - New Technologies and New Frontiers of Crime: From Criminal Law to Criminal Procedure. Focus on Cryptoassets AI-related Offences and Criminal Liability Session 2 From Cybercrime to AI-Crime: AI as a Target or as a Means of Committing Offences

Settimana 10

Session 1 AI, Crypto-Assets, and Money Laundering Offences Practical Case Study: “Substantive and Procedural Issues in Crypto-Asset–Related Crime” (Assignment Briefing and Case Distribution) Session 2 Crypto Investigations Tools, Crypto Asset Seizure and Procedural Safeguards

Settimana 11

Session 1 Blockchain Analysis and Open Source Intelligence Techniques (OSINT). The case United States v. Gratkowski Session 2 Practical Case Study: “Substantive and Procedural Issues in Crypto-Asset–Related Crime” (Student Presentations and Discussion)

Settimana 12

Session 1 Module 5 - New Technologies and Criminal Compliance Big data analytics and crime prevention Digital Criminal Compliance Session 2 Final Brainstorming. Self-Assessment test. Q&A