Category: Criminal Law

Exploring the Feasibility of Pretrial Risk Assessment Tools

Posted on by Tech Law Forum NALSAR

[This post has been authored by Tanvi Tanu and Sakshi Tulsyan, 2nd year students at the University of Petroleum and Energy Studies, Dehradun.]

The biases and inequalities are infused in the criminal justice system and are baked into the algorithmic tools, Pretrial Risk Assessment instruments being one of them. These tools are used in the determination of a qualitative value of risk related to the non-appearance of a pretrial defendant at trial; they are lauded as a substitute for the perturbing cash-reliant bail system. 

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Metadata by TLF: Issue 19

Posted on by Tech Law Forum NALSAR

Welcome to our fortnightly newsletter, where our reporters Harsh Jain and Harshita Lilani put together handpicked stories from the world of tech law! You can find other issues here.

Facebook Oversight Board picks the first batch of cases for review, adds additional matter from India

Facebook’s Oversight Board (OSB), an independent body set up to review moderation decisions by the company, chose 6 cases to review in the first week of December, 2020 from over 20,000 cases that were referred to it following the opening of user appeals in October 20, 2018. Five of the cases being considered by the OSB were referred via user appeals while the sixth arose from a reference by Facebook. A couple of days after announcing the first batch of cases, the OSB added an additional case for consideration from India. It involves a photo posted on a Facebook group with Hindi text describing the drawing a sword from its scabbard in response to “infidels” criticizing the prophet. The photo also included a logo with the words “Indian Muslims” in English. The accompanying text, also in English, includes hashtags calling President Emmanuel Macron of France “the devil” and calling for the boycott of French products.

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Criminal Liability of Artificial Intelligence (Part II)

Posted on by Tech Law Forum NALSAR

[Shubham Damani is a second year student at NALSAR University of Law, Hyderabad. This two-part post was the winning entry in the Ab Initio Essay Writing Competition hosted by the NALSAR Student Law Review. Part 1 can be found here.]

Previously, the author had discussed a framework which would help impose liability on Artificial Intelligence in in various situations. This post continues the discussion, with an examination of the kind of liability to be affixed and what a workable regulatory framework would look like.

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