NEURO-AI: The Implications of Neurodata and AI in Criminal Risk Assessment

• Applicant: Professor Dr. Johannes Fuß
• Subject Area: Clinical Psychiatry, Psychotherapy, Child and Adolescent Psychiatry
• Term: since 2025
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 565228404

This research proposal investigates ethical, social and legal consequences of the integration of neurodata and artificial intelligence (AI) in criminal risk assessment. It aims to experimentally examine the real-world impact of neuroprediction, focusing on how it influences public perception and the decision-making of key legal actors. The project is rooted in a growing body of neuroscientific research that illuminates the neural underpinnings of criminal behavior and the potential of AI to process vast quantities of neurodata for predicting future offenses. Methodologically, the project unfolds across four distinct studies. Studies 1-3 will employ web-based case vignettes. The first study is designed to explore how the introduction of neuroprediction influences public views on assessing criminal risk. The second study focuses on mental health professionals, investigating the influence of neurodata and AI on their risk assessment decisions. The third study shifts the lens to the judiciary, examining how judges' sentencing decisions are impacted by different forms of risk assessments, informed either by neurodata, AI, or a combination of both. The fourth and final study engages with law students and criminal offenders, gathering insights into their hopes, concerns, and attitudes toward the future use of neurodata and AI in legal procedures. This proposal aims to offer a nuanced understanding of reactions to neurodata and AI applications in risk assessment, exploring underlying attitudes towards emerging technologies, and apprehensions about data protection. Through an interdisciplinary approach, it seeks to bridge the gap between advanced research and practical application in the realm of legal decision-making, contributing significantly to future policies and practices. The project recognizes the potential of neurodata and AI to enhance the objectivity and accuracy of risk assessments within the criminal justice system. However, it also acknowledges the ethical challenges and potential pitfalls, such as bias, privacy concerns, and the 'black box' issue of AI. By critically evaluating these technologies' applications, this research aspires to inform the development of guidelines and recommendations for their implementation, striking a balance between the benefits of advanced technology and safeguarding individual rights and freedoms.

• DFG Programme: Research Grants