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30 Int'l J.L. & Info. Tech. 1 (2022)

handle is hein.journals/ijlit30 and id is 1 raw text is: International Journal of Law and Information Technology, 2022, 30, 1-22 https://doi.org/10.1093/ijlit/eaacOO6 Advance Access Publication Date: 24 March 2022 Article Pretrial risk assessment instruments in the US criminal justice system-what lessons can be learned for the European Union Ante Novokmet *, Zvonimir Tomici6 t and Zoran Vinkovid * ABSTRACT This article explores the possibilities of using artificial intelligence (AI) in the European judicial area with a special emphasis on risk assessment instruments and the justification of their use in determining the likelihood that a defendant at large will seek to thwart the goal of criminal proceedings. In this regard, experiences in the application of various risk assessment instruments in US judicial practice are first analysed. Then the European normative framework established at the level of the Council of Europe and European Union (EU) law is considered with special emphasis on the 'Proposal for a Regulation of the European Parliament and of the Council laying down harmonized rules on artificial intelligence' as a key normative act that will determine the long-term preconditions for the application of the risk assessment instruments in the criminal proceedings of EU Member States. Finally, an attempt is made to give answers to some specific questions that arose from the implementation of Al in EU criminal justice systems taking into account the pre- sumption of innocence, the right to an objective and impartial judge and the prin- ciple of proportionality. KEYWORDS: artificial intelligence, risk assessment instruments, criminal proceedings, pretrial detention, fair trial, EU law INTRODUCTION One of the most sensitive tasks that law enforcement bodies face in their daily work is certainly the question of the justification of depriving a defendant of personal liberty for the purpose of initiating and conducting criminal * Associate Professor, Faculty of Law Osijek, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia. E-mail: ante.novokmetcpravos.hr t Assistant Professor, Faculty of Law Osijek, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia. E-mail: zvonimir.tomicicapravos.hr * Deputy of the Municipal State Attorney, Municipal State Attorney's Office, Cakovec, Croatia. E-mail: zoran. vinkovic@odock.dorh.hr This article is a product of work that has been fully supported by the Faculty of Law Osijek Josip Juraj Strossmayer University of Osijek under the project nr. IP-PRAVOS-18 'Artificial intelligence and criminal law'. © The Author(s) (2022). Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissionspoup.com. . 1