The criminal sentence, the judge and the algorithm: will new technologies be our new judges?

Abstract

The criminal sentence implies in its construction the reasoning of the criminal judge about acts of social violence classified as crimes and in which, the conviction or acquittal, defines the importance of its precision. Predictive sentencing software is operating in the courts, both as assistants to human judges and, in other legal disciplines, as autonomous decision-makers. The purpose of this article is to analyze the implications of the use and operation of predictive software in criminal sentencing and judges, based on a critical reflection of the theoretical elements of criminal law, the judicial function and the State, in order to find a solution regarding the intended uses of said software in judicial practice.