AI AND CRIMINAL LAW

AI and the Criminal Law Justice System: The Ethical Implications of Using AI in the
Courtrooms

Introduction to AI

AI is a tool that behaves intelligently using skills associated with human intelligence, including
the ability to understand, learn, reason, and act independently. Or we can summarize it like
artificial intelligence is a “technology that behaves intelligently1”.

Artificial intelligence is gradually enhancing the field of computer since in the mid-1950s. John
McCarthy, who is known as the father of artificial intelligence, defined it as the science and
engineering of making brilliant machines Conceptually, AI is the ability of a machine to
understand and respond to its environment freely and perform tasks that would ordinarily require
human intelligence and the decision-making process, but without direction Human intervention.
Concurring to a few researchers in people, disinformation processing ability require judgement
skills and instinct made up of basic cognitive ( mental forms ) Counting considerations
discernment thinking issue tackling judgement learning and memory.

What is the criminal justice system?

The criminal justice system is an instrument for social control. It could be of all the agencies that
offer assistance to preserve law and arrange within the country. The criminal justice system is
utilized to punish offenders so that violations can be avoided. Other shape of social control
incorporate family, educational institutions, religious places etc.

Criminal justice system also involves various kinds of legislations. Some examples are the Indian
Penal Code of 1860, the code of civil procedure1908, the code of criminal procedure 1974, the
protection of civil Rights Act of 1955 etc.
1
1 Artificial Intelligence: A Modern Approach, (4th US ed).
Criminal justice system in India

The criminal2 justice system in India incorporate the offices entrusted with educating crime,
implementing the law and adjusting the conduct of offenders It acts as a device of social control
within the nation. Society considers a few practices as destructive and damaging. It attempted to
anticipate such conduct by securing and rebuffing the violators and transgressors. There are a
few taking after targets of criminal equity framework in India

• To anticipate violations within the society.

• To restore the criminal.

• To compensate the victims for the misfortunes they have endured due to the wrongdoing

• To guarantee that society is run concurring to law and arrange.

• To act as a obstruction for offenders and guilty parties for any future infringement of the law

Artificial intelligence in criminal justice system

Artificial intelligence has made noteworthy accomplishment totally different segments. And
today’s continually advancing world, the crossing point between technology and different
industries has gotten to be progressively conspicuous and one such zone where it is picking up
popularity is the criminal justice system with its extraordinary capacity to dissect endless amount
of information and distinguish patterns. Ai has the potential to revolutionize the way crimes are
investigated, protect are ablated and sentences are determined. Joining artificial intelligence into
legitimate investigation can upgrade the generally effectiveness of legal forms, made strides
choice making and give profitable understanding of lawful professionals. However, it is
fundamental to adjust the good thing about and moral thought, guaranteeing decency,
straightforwardness and responsibility within the lawful system.

2
R.V.KELKAR,CRIMINAL PROCEDURE(3rd ed 1993)
1. Protective policing: - Artificial intelligence algorithms analysis historical crime data to
identify patterns and predict where crime are likely to occur. Law enforcement agencies
use these predictions to deploy resources more effectively and prevent criminal activity.
2. Risk assessment tools: - Artificial intelligence is used to access the risk of an individual
committing a future crime or falling to appear in court. These tools assess judges and
parole boards in making more informed decision about bail, sentencing and parole.
3. Facial recognition: - Facial recognition technology is employed for identifying individuals
from image or video foot test. It can be used in surveillance system to track and locate
suspects. Missing person or person of interest.
4. Automated document analysis: - Artificial intelligence tools can be used to analyse large
volume of legal document case law and other textual data, helping legal provisional in
research and case preparation.
5. Biometric analysis: - artificial intelligence is used for biometric identification includes
fingerprint analysis, voice recognition and DNA profile link, aiding in the identification
and verification of individual involved in criminal investigations.
6. Automated sentencing guidelines: - Some jurisdictions use AI system to assess judges in
determining appropriate sentences based on stabilised skyline and legal precedents.
7. Language processing for legal research: - Natural language processing technologies are
employed to shift through vast amount of legal documents and text aiding lawyers and
legal researchers in finding relevant information quickly.
8. Data analysis for criminal investigations: - Artificial intelligence tools help law
enforcement agencies analyse large set of data, such as phone record financial transactions
and social media activity to identify connexions and pattern in criminal investigations.
9. Digital forensic: - Artificial intelligence tools are instrumental in digital forensic by
examining electronic evidence such as emails, computer files and communication records.
They can identify patterns and animalises and potential security breaches, aiding in
reconstruction of digital event relevant to a case.
10. Case prioritisation: - Ai algorithm can privatise case based on their complexity, agency or
likelihood of success. This helps court allocate resources more effectively and ensure that
high priority case necessary attention.
 11. Smart contract and Block chain: - Artificial intelligence can work in conjunction with
smart contract and block chain technology to automate and secure legal agreements. This
ensures the integrity of contact and facilitates the execution of agreements without the
need for intermediaries.
12. Cyber security in legal proceedings: - Artificial intelligence system plays a crucial role in
identifying the preventing cyber threat that may comprise the integrity of legal
proceedings. This includes protecting sensitive information and ensuring the security of
code related system.
13. Crime forecasting: - With artificial intelligence, volumes of information on law, legal
precedence, social information and media can be used in suggest ruling, identify criminal
enterprises and predict and reveal people at risk from criminal enterprises.

Implication of artificial intelligence in the courtrooms

The integration of artificial intelligence in courtrooms has revealed raised legal proceedings,
offering efficiency and accuracy in various aspects of the jurisdictions. However, these
technological advances bring forth ethical considerations. And that demand meticulous
examinations this notable into ethical implications surrounding the use of artificial
intelligence and legal proceedings with a particular focus on AI in investigations.

 Right to fair trial: - One of the paramount ethical concerns revolves around the right
to a fair trial cornerstone of any Democratic legal system. The deployment of
artificial intelligence is in evidence gathering the analysis must adhere to principle
ensuring the accused right to comfort and challenge the evidence present against
them.3
 Bias and discrimination4: - Artificial intelligence system, if not properly designed and
monitored, can perpetuate an even excavate buyer’s present in society. This raise
concern about the fair and unbiased application of the law.

3
Crawford v. Washington, 541 U.S. 36 (2004)
4
State v. Loomis, 881 N.W.2d 749 (Wis. 2016).
  Privacy right5 : - The use of artificial intelligence in investigation offer involves the
processing of vast amount of personal data posing a threat to individual privacy
rights.6
 Prevention of human discretion:-While artificial intelligence offer efficiency, the
prevention of human discretion in legal decision making remains crucial In a case 7 it
stresses the importance of law enforcement duty to prevent potentially exclusivity
evidence scoring the irreplaceable rule of human judgement and legal process.

The future of artificial intelligence in criminal justice

Everyday what’s the potential for new application of artificial intelligence in criminal justice
By using air and predictive policing, analytic, integrated and computer aid responses and live
public safety, video enterprises law enforcement will be better able to respond to incident and
investigate and analyse criminal activity Ai has the potential to be a permanent part of our
criminal justice ecosystem, providing investigative assistance and allowing criminal justice
professionals to better maintain public safety.

Conclusion

Artificial intelligence technology has the potential to revolutionize the criminal defect system,
improving time revision investigation and decision making processes. As the lawful landscape
proceed to advance with the integration of artificial intelligence, lawful experts and policymakers
must consolation and address the ethical Implication to guarantee the continued protection of
individual rights and the integrity of the justice system, striking the proper adjust between
technology innovation and ethical consideration is imperative for cultivating a lawful system that
maintain the rule of equity and decency.

5
Justice K.S. Puttaswamy (Retd.) and another v. union of india and others Writ Petition (Civil) No 494 of 2012;
(2017) 10 SCC 1; AIR 2017 SC 4161
6
Carpenter v. united state,585 U.S. ___, 138 S.Ct. 2206 (2018),
7
Arizona v. youngblood, 488 U.S. 51.(1988)