The criminal justice system to the test of artificial intelligence

The paper illustrates the possibility of using AI not only as an instrument to check the facts in a criminal trial but even to interpret and resolve significant legal matters. Currently, the "expert systems" developed for this purpose take advantage of the judicial precedents as the basis of knowledge: given that, it is argued that these algorithms cannot work in a Constitutional State based on the statistical rule of "more likely than not", but they should be programmed according to the "political" alternative rule of `beyond all reasonable doubt', which should be extended even to doubt in interpreting the law. Thus, in the case of opposing judicial precedents, AI systems should suggest the most favourable interpretation for the defendant, and the judge should dissent only by explaining why he does not hold plausible the most favourable judicial precedent.