Comparative analysis of sources on the possible impact of AI on crime policy, criminal justice science and Human Rights

Rudas Murga C.; Saldaña Almazán J.; Angel Hernández M.; Fernando Tantaleán Odar C. · Encuentros (Maracaibo) (2025) · DOI: 10.5281/zenodo.15347197

Resumen

One of the impacts of AI in law is to generate sociological diagnoses on patterns of transgression, contravention and crime, in order to integrate proposals for criminal policy, criminal process and criminal legislation. The leap from situational and place-based criminology to AI-generated criminology is analyzed on the basis of available international scientific data. Understood within the framework of the analysis of the principle of innocence and the risks of punitivism, four trends are identified: a) the traditional approach, b) the new opportunistic approach, c) the new actantial approach, and d) the new therapeutic approach, which uses AI-generated data to develop therapeutic processes in the area of individual rehabilitation. From the sources, the effects of AI on political and civil rights such as privacy, freedom and, in general, ethics are discussed. We conclude about the dangers of the third approach, as it presents risks of confusing complex qualitative diagnosis with the inferential nature of the data.

Instituciones: Universidad Nacional Mayor de San Marcos