AI under the test of “beyon any reasonable doubt” in interpreting criminal law

The paper illustrates the possibility of using AI not only as an instrument to check the facts in a criminal trial but even to interpret and resolve significantly legal matters. Currently, the “expert systems” developed for this purpose take advantage of the judicial precedents as the basis of knowledge: given that, it is argued that these algorithms in a Constitutional State can not work based on the statistical rule of “more likely than not”, but they should be programmed according to the “political” alternative rule of ‘beyond any reasonable doubt’, which should be extended even to the doubt in interpreting the law. Thus, in the case of opposing judicial precedents, AI systems should suggest the most favorable interpretation for the defendant, and the judge should dissent only by explaining why he does not hold plausible the most favorable judicial precedent.  The paper illustrates the possibility of using AI not only as an instrument to check the facts in a criminal trial but even to interpret and resolve significantly legal matters. Currently, the “expert systems” developed for this purpose take advantage of the judicial precedents as the basis of knowledge: given that, it is argued that these algorithms in a Constitutional State can not work based on the statistical rule of “more likely than not”, but they should be programmed according to the “political” alternative rule of ‘beyond any reasonable doubt’, which should be extended even to the doubt in interpreting the law. Thus, in the case of opposing judicial precedents, AI systems should suggest the most favorable interpretation for the defendant, and the judge should dissent only by explaining why he does not hold plausible the most favorable judicial precedent

Algunas reformas en la regulación de la prueba pericial en la Ley 1/2000 de enjuiciamiento civil

[Resumen] El presente estudio analiza la regulación de la prueba pericial en la Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil. Como es sabido se trata de una de las instituciones que sufrió un mayor cambio en su regulación legal con respecto a la Ley de Enjuiciamiento Civil de 1881. Se ha pasado de una pericial única, oficial e intrajudicial, a un modelo dual de pericial que admite los dictámenes a instancia de parte y los dictámenes de los peritos de designación judicial. La prueba pericial ha sido objeto de diversos estudios doctrinales, e incluso ya de alguna propuesta de reforma, en orden a la simplificación de su regulación legal. En este estudio se analizan los principales aspectos de la vigente regulación legal, tales como la aportación de los dictámenes, los sistemas de designación de los peritos, las listas de peritos, la capacidad del perito, la aceptación del cargo, la provisión de fondos, los derechos y deberes del perito, el reconocimiento, emisión y contradicción del dictamen pericial y, finalmente, su valoración. En el análisis de estos aspectos se efectúan propuestas de lege ferenda. El estudio concluye recogiendo de forma ordenada las distintas propuestas de lege ferenda, con la finalidad de ofrecer una visión más completa de la regulación de la prueba pericial.[Abstract] This study analyzes the regulation of the expert witness in the Civil Procedural Law 1/2000 of January 7th. As it is well known, the expert witness is one of the institutions that has suffered a great change in its regulation with respect to the Civil Procedural Law of 1881. We have passed from a unique, official and intraprocedural expert witness, to a dual model that admits both the opinion (“dictámenes) from the parts and the opinion by experts appointed by the judge. The expert witness has been the object of several scientific studies, and even more of some proposals of reform, in order to simplify the legal regulation. In this study we analyze the principal aspects of the regulation, such as the presentation of the opinion, the expert witness systems’ of appointment, the lists of expert witness, the capacity of the expert witness, the acceptance of the position, the allocation of funds, the rights and duties of the expert witness, the inspection, the delivery and the contradiction of the opinion, and finally, its assessment. In the analysis of each aspect we formulate proposals of lege ferenda. The study concludes offering an ordered proposal of lege ferenda, with the aim of simplifying the legal interpretation of the expert witness

Reconstruction of Expert Testimony For Determining The Judge Considering iIn The Corruption Case Based On Justice

Calculation of state losses can only be done by an expert. Experts here are not only experts in the field of financial audit but also engineers who will calculate the feasibility of construction of a building in case of corruption was related to the construction field. Expert who has the competence do calculating the quantity of a building and the price of a building is a person who has a construction management certification. Judge in assessing the truth of the testimony / evidence, in the RIB in the know with 3 systems of evidence include; free system (Vrij Bewijk); positive system (wettellijk) and negative cystine (wettellijk). In the formulation of Article 184 paragraph (1) Criminal Procedure Code, which specified that legal evidence is: witness testimony; expert testimony; letter; pointing and testimony of the defendant. Each handling of corruption cases, the process of calculating the amount of state losses in practice are still causing differences of interpretation either by the Prosecutor, state audit agency (BPK), the financial supervision and development (BPK), as well as the court. Description Construction Experts who have no competence in the matter of corruption, the statement becomes invalid.Keywords: Reconstruction; Expert; Testimony; Corruption and Justice

A-Hohfeld: A Language for Robust Structural Representation of Knowledge in the Legal Domain to Build Interpretation-Assistance Expert Systems

The A-Hohfeld language is presented as a set of definitions; it can be used to precisely express legal norms. The usefulness of the AHohfeld language is illustrated in articulating 2560 alternative structural interpretations of the four-sentence 1982 Library Regulations of Imperial College and constructing an interpretation-assistance legal expert system for these regulations by means of the general-purpose Interpretation-Assistance legal expert system builder called MINT. The logical basis for A-Hohfeld is included as an appendix

Interpretazione costituzionalmente orientata e diritto vivente

1noAbstract Tesi d'accellenza - Laurea Magistrale a ciclo unico a.a. 2015-2016openThe “inflexibility” of Italian Constitutional Charter, entered into force in 1948, opens a window onto the issue of interpretation according to Constitution; indeed there are considerable changes into the hierarchical organization of laws, the “general law theory” and the way of interpretation. However, different constitutional justice systems in the world shape locus and owners of constitutional interpretation. This relevant kind of legal interpretation must grant law meanings in compliance with constitutional guidelines. In the 1950s, an Italian legal expert, Tullio Ascarelli, dealt with a new question: the “living law”. Later it was analyzed by other eminent jurists and began to mean a settled case-law, which lives through judicial verdicts. Nevertheless, even “living law” (also understood as Supreme Court settled case-law), has a subsidiary role compared to an interpretation or a solution in line with Constitution.openSalvatore Maria PisacanePisacane, Salvatore Mari

An American Advantage? How American and Swiss Criminal Defense Attorneys Evaluate Forensic DNA Evidence

AbstractCritics of the American system of justice sometimes perceive “inquisitorialism” as an attractive alternative. In this article we will report a comparative study investigating the way forensic DNA evidence is handled in criminal prosecutions in the Swiss and American systems, focusing particularly on the behavior of criminal defense lawyers. We will argue that the successes and failures of American and Swiss lawyers in this context offer important insights into the relative strengths and limitations of adversarial and non-adversarial legal systems

How Does Science Come to Speak in the Courts? Citations Intertexts, Expert Witnesses, Consequential Facts, and Reasoning

Citations, in their highly conventionalized forms, visibly indicate each texts explicit use of the prior literature that embodies the knowledge and contentions of its field. This relation to prior texts has been called intertextuality in literary and literacy studies. Here, Bazerman discusses the citation practices and intertextuality in science and the law in theoretical and historical perspective, and considers the intersection of science and law by identifying the judicial rules that limit and shape the role of scientific literature in court proceedings. He emphasizes that from the historical and theoretical analysis, it is clear that, in the US, judicial reasoning is an intertextually tight and self-referring system that pays only limited attention to documents outside the laws, precedents, and judicial rules. The window for scientific literature to enter the courts is narrow, focused, and highly filtered. It serves as a warrant for the expert witnesses\u27 expertise, which in turn makes opinion admissible in a way not available to ordinary witnesses

When intra-partum electronic fetal monitoring becomes court business

Sadly but inevitably, the clinical fruit of all scientific research, like the profile of the Roman god Janus, presents us with two faces - one is patient benefit while the other is medico-legal vulnerability. As part of defensive medicine, there are situations where malpractice risk is minimised by actual elimination of certain high-risk procedures e.g. in the case of some neurosurgical operations. Intra-partum electronic fetal monitoring (IPEFM) is the commonest obstetric procedure in the developed world, producing valuable information of fetal well being as co-related to maternal uterine activity with a scope of guarding fetal well-being in labour. It is a prime example of the therapeutic/ legal liability duality which haunts modern Medicine.peer-reviewe