Predictibilidad conductual y proceso penal: algunos apuntes sobre el fundamento epistémico de los hechos futuros en las medidas cautelares
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The determination of future events in a criminal process implies a predictive behavioral
judgment that, like any other decision, must be based on solid epistemic elements and generated
from valid inferential reasoning. From the indicated perspective, the evidentiary inference that
the judge makes, to endorse the provision of a precautionary measure, must incorporate a guarantee, consisting of maxims of experience, presumptions or definitions. The present text deals with
evaluating, based on the Costa Rican criminal procedural design, how this inferential reasoning
should be presented, as well as the contributions that cognitive psychology, actuarial instruments
and artificial intelligence can provide, with the objective of building rational and intersubjectively
controllable judicial resolutions, in an area as relevant as that of precautionary measures and preventive detention