This paper examines the use of predictive algorithms in assessing the risk of recidivism in criminal law, with a particular focus on the role of “work” as a variable. After an overview of the main algorithmic tools currently in use (such as COMPAS and LSI-R) and the theoretical paradigms that support their application, the analysis turns to employment as a protective factor—not merely as occupation, but as a qualitatively meaningful element of social reintegration. Drawing on empirical data, the paper highlights the need for a responsive approach that values the individual and relational dimensions of rehabilitation, moving beyond deterministic and automated visions. Finally, it proposes guidelines for a critical and informed use of predictive tools, balancing efficiency, justice, and human dignity
Maldonato, L., La voce “lavoro” nell’algoritmo predittivo del rischio di recidiva , 2025, URL: https://www.lavorodirittieuropa.it/dottrina/principi-e-fonti/1987-la-voce-lavoro-nell-algoritmo-predittivo-del-rischio-di-recidiva [https://hdl.handle.net/10807/327696]
La voce “lavoro” nell’algoritmo predittivo del rischio di recidiva
Maldonato, Lucia
2025
Abstract
This paper examines the use of predictive algorithms in assessing the risk of recidivism in criminal law, with a particular focus on the role of “work” as a variable. After an overview of the main algorithmic tools currently in use (such as COMPAS and LSI-R) and the theoretical paradigms that support their application, the analysis turns to employment as a protective factor—not merely as occupation, but as a qualitatively meaningful element of social reintegration. Drawing on empirical data, the paper highlights the need for a responsive approach that values the individual and relational dimensions of rehabilitation, moving beyond deterministic and automated visions. Finally, it proposes guidelines for a critical and informed use of predictive tools, balancing efficiency, justice, and human dignityI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



