Asessing Criminal Risk in case of the Convicted Persons. Constitutional Standards vs Technology

• In Event: Technology, Cybercrime and Fear of Crime

Abstract

Criminal justice systems are in the midst of a risk assessment revolution. The role of risk assessment is increasingly proheminent at all stages of the criminal justice system, including policing, pretrial detention, sentencing, corrections and parole.
Even though risk assessment tools are designed to inform and not to replace the exercise of judicial decisionmaking of the human actor, the use of technology in assessing the criminal risk may affect the rights of the convicted persons.
In the present essay the author is searching for gaps and inconsistencies within criminal legal framework and criticises the rulling of the Romanian Constitutional Court on the using of risk assessment instruments in the postconviction phase of the criminal trial.

Author

• Laura Maria Stanila, West University Timisoara, Romania