Surfing reality, hype, and propaganda: an empirical comparative analysis on predictive software in criminal justice

Abstract

This article aims to explore the hype surrounding AI, particularly in predictive algorithms used in law enforcement and judicial investigations. The article employs a comparative analysis of court decisions involving the utilization of predictive algorithms for granting probation and guiding police investigations. In this context, the study examines how the outcomes of these tools are presented to the public and the resulting consequences. When comparing reality, judicial decisions, and public narratives, the focus is on the risk of propaganda and manipulation of news, which can influence public opinion. Such practices have negative implications from both legal and ethical perspectives. The first scenario violates the principle of the presumption of innocence, while the second scenario binds individuals involved in judicial investigations to their past actions.