EPISODE · Dec 19, 2025 · 36 MIN
Determination of Criminal Responsibility: The Usability of AI in Criminal Proceedings and Implications on Human Rights – Intervi
from HGGS - Us and Them · host HGGS
Isabell Eiwan (Faculty of Law, Heidelberg University) in conversation with Sinan Barış Yaşar (HGGS)- What are the possible use cases for AI in criminal proceedings?- What are the limitations of AI indetermining human intentions in criminal proceedings?- What might the use of AI in criminal proceedings imply for human rights?In this episode, Isabell Eiwan from the Faculty of Law at Heidelberg University and a participant in the Marsilius-Kolleg Summer School 2025 “AI and Human Values,” discusses the intersection of AI and criminal responsibility. Together, we explore what the use of AI in legal proceedings could mean in practice and what it might imply for human rights. The conversation touches on how criminal responsibility is defined, the role of free will, and the limits of AI when it comes to interpreting human intentions. Our guest, Isabell Eiwan, also highlights the value of interdisciplinary collaboration in developing AI tools for the legal system, while thoughtfully weighing both the challenges and the potential benefits of integrating AI into criminal justice. Join us as we unpack where AI meets criminal proceedings and why this convergence carries important implications for the legal system and fundamental rights.Timeline(00:00) Intro(00:24) Introducing Isabell Eiwan(03:10) Understanding the Concept of Criminal Responsibility(04:45) The Role of Free Will in Criminal Law(08:02) AI's Limitations in Understanding Human Intentions(10:13) Current Legal Standards for Determining Criminal Responsibility and the Integration of AI(12:17) Expert Opinions and the Role of the Judge(13:27) Challenges of AI in Legal Contexts(14:35) The Impact of “Empathy” in Criminal Proceedings(16:29) The Black Box Phenomenon(18:16) Potential Benefits of AI in Criminal Justice(21:02) Should AI’s Opinions Be Binding in the Criminal Proceedings?(22:10) Interdisciplinary Collaboration in Developing AI for Criminal Law(24:15) Evaluating AI's Effectiveness in Legal Decision-Making(26:24) AI Decision-Making Process(28:37) Comparing French, British, and German Legal Studies(32:17) Personal Insights: Metal Music(36:00) OutroKeywordsAI, artificial intelligence, criminal responsibility, legal responsibility, criminal law, diminished responsibility, criminal proceedings, human rights, free will, legal standards, intentions, empathy, black box phenomenon, interdisciplinary collaboration, legal technology, limitations of AI, legal decision making, AI decision making, interdisciplinary research, bias, judges, legal studies, academic podcast, scientific podcast, us and them, Heidelberg University
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Determination of Criminal Responsibility: The Usability of AI in Criminal Proceedings and Implications on Human Rights – Intervi
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