Penal policy and technological development

Manja Skočir and Aleš Završnik

Chapter 29 in Research Handbook on Penal Policy, 2026, pp 541-560 from Edward Elgar Publishing

Abstract: Chapter 29 examines the transformative impact of digital technologies – particularly artificial intelligence (AI) ‒ on penal policy and the broader criminal justice system. Building on the historical relationship between technology and legal evolution, it argues that contemporary digital information and communication technologies (DICT) ‒ including machine learning, predictive algorithms, and automated decision-making systems ‒ are reshaping legal institutions in unprecedented ways. These technologies are not only enhancing efficiency but also redefining how crimes are detected, prosecuted, and punished, raising critical concerns about due process, human rights, and the influence of commercial interests. The chapter explores how the “smartification” of penal policy ‒ across legislative, judicial, and administrative levels ‒ challenges foundational principles such as fairness, accountability, and the legitimacy of legal authority. While acknowledging the potential of AI to promote fairness and support rehabilitation, the chapter underscores the urgent need for robust safeguards and an ethically grounded approach to ensure that technological integration reinforces, rather than undermines, the core values of justice and the rule of law.

Keywords: Penal policy; Artificial intelligence; Digitalization of penal policy; Algorithmic decision-making; Digital surveillance; Correctional technology (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035308521
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