In the current IT scenario, an increasing tendency towards digitalisation of the judiciary can be observed, as well as the substitution of homo juridicus with softwares. An apparent simplification and modernisation factor poses several questions when it comes to “replacing” sensitive activities, including the judicial evaluation on the kind and quantity of punishment in a single case. This paper aims to provide a comprehensive overview of evidence-based sentencing in the US criminal justice system, focusing on the algorithm evaluation of social dangerousness of the defendant. Looking at the topic from a comparative perspective, in Italy such tools would jeopardise the fair trial safeguards as well as some crucial principles of criminal procedure. Nevertheless, it can be explored the idea of introducing – within some boundaries and taking precautions – certain actuarial risk evaluation techniques in the sentencing process.
Sulla disciplina delle circostanze attenuanti in diritto internazionale penale alla luce delle sentenze nei confronti di Karadžić e Mladić
The recent convictions of Karadžić and Mladić by the ICTY offer a good example of the difficulties surrounding mitigating circumstances under International Criminal Law. This paper – not sharing the view of the majority of scholars (according to whom the ICTY case-law is not plausible) – supports the idea that there is a link between the aims of sentencing and the mitigating circumstances in each case. An empirical survey shows, indeed, the symbolic function of sentencing and – as in the recalled ICTY judgments – the importance of a deep reeducation of the defendant by virtue of International Law norms.