Ceza Muhakemesinde Yapay Zekâ ve Adil Yargılanma Hakkı

Abstract

The essence of a fair trial is that the parties have an effective opportunity to tell their own story and to challenge the other party’s claims. Today, this right seems under attack due to the latest developments in legal technology and their reflections on the tools used to find the truth and the field of proof during the trial. Passive acceptance of the reliability of literal information provided by theological tools in the past, and technological tools today and in the future, causes a diminishing sensitivity in revealing the truth. In this study, two basic algorithms used in criminal procedure, are evaluated. The first one is the algorithm that predicted the probability of of a repeat offense by a defendant. The second is an artificial intelligence-based algorithm that predicts the outcome of the case by analyzing the court’s decisions in similar cases, like the robot judge. In this study, these algorithms are evaluated with a critical approach and the importance of the Socratic approach for the right to a fair trial and material truth is highlighted.…

Keywords: Artifical intelligence (AI), Algorithms, Risk assesment, Legal tech, COMPAS, Recidivism, Robot judge, The rihgt of fair trial, Criminal Procedure, Ethics, Socratic traditional approach.…