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  1. Going beyond the “common suspects”: to be presumed innocent in the era of algorithms, big data and artificial intelligence.Athina Sachoulidou - forthcoming - Artificial Intelligence and Law:1-54.
    This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of increasing the (...)
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  • Using artificial intelligence to prevent crime: implications for due process and criminal justice.Kelly Blount - forthcoming - AI and Society:1-10.
    Traditional notions of crime control often position the police against an individual, known or not yet known, who is responsible for the commission of a crime. However, with increasingly sophisticated technology, policing increasingly prioritizes the prevention of crime, making it necessary to ascertain who, or what class of persons, may be the next likely criminal before a crime can be committed, termed predictive policing. This causes a shift from individualized suspicion toward predictive profiling that may sway the expectations of a (...)
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  • The concepts of surveillance and sousveillance: A critical analysis.Frej Klem Thomsen - 2019 - Social Science Information 58 (4):701-713.
    The concept of surveillance has recently been complemented by the concept of sousveillance. Neither term, however, has been rigorously defined, and it is particularly unclear how to understand and delimit sousveillance. This article sketches a generic definition of surveillance and proceeds to explore various ways in which we might define sousveillance, including power differentials, surreptitiousness, control, reciprocity, and moral valence. It argues that for each of these ways of defining it, sousveillance either fails to be distinct from surveillance or to (...)
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  • The teleological account of proportional surveillance.Frej Klem Thomsen - 2020 - Res Publica (3):1-29.
    This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...)
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