Risk, IA based actuarial analyses and security measures

Abstract

The imposition of security measures in the domain of criminal law has been traditionally conditioned to
criminal danger, this is the assessment of the likelihood than an offender would commit a new offence of a certain seri-
ousness. However, this concept is being replaced in some national jurisdictions by the ‘risk of delinquency’ associated
objectively with the behavior of a person, according mainly to statistical or actuarial analysis. This stresses the automa-
tistic and depersonalized character of the analyses. Some US courts has followed this trend basing their decisions on the
conclusions of IA systems, which has given rise to much discussion on the appropriateness of these tools.