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https://submissions.qlantic.com/index.php/qjss/article/download/160/159
https://submissions.qlantic.com/index.php/qjss/article/view/160
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Original Research Article
Open Access | | |
| From Bytes to Bars: The Transformative Influence of Artificial Intelligence on Criminal Justice | |
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Abstract: This research article delves into the impactful integration of artificial intelligence (AI) within the criminal justice system, exploring its transformative implications on crime detection, prevention, and adjudication. Examining applications such as predictive policing, automated legal analysis, facial recognition, and sentencing algorithms, the study highlights the potential benefits, including increased efficiency and accuracy. However, ethical concerns surrounding bias, transparency, and privacy necessitate careful consideration. The article underscores the need for a balanced approach to harnessing AI's potential while addressing these ethical challenges. As AI continues to evolve, collaborative efforts among policymakers, legal professionals, and technologists are imperative to ensure responsible implementation, fostering a criminal justice system that is both technologically advanced and ethically sound. The qualitative research methodology has been applied in the following article. | ||
Key Words: Artificial Intelligence, Criminal Justice, Transformative | ||
Introduction
The fusion of artificial intelligence (AI) with the intricate tapestry of the criminal justice system represents a monumental shift that transcends conventional methodologies, reshaping the landscape of crime detection, prevention, and adjudication. From predictive policing algorithms that forecast potential criminal activity to automated legal analyses streamlining complex legal processes, AI technologies are poised to redefine and enhance the efficiency and accuracy of the criminal justice apparatus. However, this epochal transformation is not immune to scrutiny and ethical contemplation. As society embraces the promising capabilities of AI in the pursuit of justice, a concomitant surge of concern has emerged regarding the ethical dimensions inherent in these technological interventions. Central to this discourse is apprehensions surrounding algorithmic bias, the imperative for transparency in decision-making processes, and the delicate balance between leveraging technological innovation for societal benefit and safeguarding individual privacy rights. This comprehensive exploration seeks to unravel the multifaceted impact of AI on criminal justice, navigating the intricate interplay between technological advancement and the ethical considerations that underscore the responsible integration of AI in our pursuit of a fair, efficient, and equitable legal system (Ρηγάτος, 2022).
The purpose of this article is to comprehensively examine the transformative influence of artificial intelligence (AI) on the criminal justice system. It seeks to explore and analyze the various applications of AI, ranging from predictive policing to automated legal analyses, and their potential to redefine and optimize traditional practices within the criminal justice framework. By delving into the benefits and challenges posed by the integration of AI technologies, the article aims to provide a nuanced understanding of how these advancements may enhance efficiency and accuracy in crime detection, prevention, and adjudication.
Additionally, the article intends to address the ethical considerations inherent in the use of AI in the criminal justice domain. It will scrutinize issues such as algorithmic bias, transparency in decision-making processes, and the delicate balance between technological innovation and privacy rights. Ultimately, the overarching purpose is to contribute to the ongoing discourse on responsible AI implementation, fostering a comprehensive understanding of how these technologies can be harnessed to promote a just, equitable, and ethical criminal justice system in the modern digital age (Villasenor & Foggo, 2020).
Doctrine of Artificial Intelligence in the Context of Law
In his 1950 research paper, Alan Turing proposed the concept of developing cognitive computers or machines. John McCarthy, the pioneer of Artificial Intelligence, was the first person to formally define AI in 1956. He described it as "The science and engineering of creating intelligent machines, particularly intelligent computer programs." Artificial intelligence refers to a method or approach for creating computer systems that can think and reason in a manner similar to the human mind. It involves the development of controlled robots and intelligent software. AI is an adept machine that learns how the human mind thinks and how humans learn, make decisions, and solve problems. It utilizes this knowledge to develop intelligent software and systems (Khan, 2018).
The logic behind Artificial Intelligence: The developing power of computer systems and the curiosity of the human brain led him to speculate, “Can a machine think and behave like humans do?” Therefore, the growth of AI is in progress with the intent of creating the same intelligence in machines that we ascertain and regard highly in humans.
Purpose of Artificial Intelligence: The purpose of AI is to understand people’s minds, emotions, beliefs, thoughts, theory of mind, and expectations and be proficient in interacting in a social context. Even though loads of improvements are present in this field, and sometimes it’s very useful and plays an important role in different fields of life as well as in the criminal justice system, this purpose regarding the theory of mind is not complete yet. The main purpose of AI is as:
To develop exceptional systems: These systems exhibit intelligent behavior, possess learning capabilities, demonstrate functionality, and provide users with detailed instructions.
In order to implement Human Intelligence in a computer system, The purpose of creating systems is to emulate human-like abilities such as understanding, thinking, studying, and behaving.
Artificial intelligence (AI) is a sophisticated scientific and technological field that incorporates knowledge from various disciplines such as Computer Science, Biology, the field of psychology, Linguistics, Mathematical Subjects, and Engineering. AI aims to replicate and enhance human intelligence through the creation of computational functions that include advanced aspects like reasoning, education, and problem-solving. The integration of different disciplines enables AI to incorporate knowledge from diverse fields, resulting in a comprehensive framework that closely resembles the complexities of human thinking (Barfield & Pagallo, 2018).
AI utilizes a wide range of areas and subfields in its endeavor to construct intelligent systems. The combination of machine learning algorithms and natural language processing techniques allows for the creation of AI systems that can learn from data, adapt to changing situations, and perform tasks that previously required human intelligence. The ongoing development and incorporation of these varied fields drive the advancement of AI, stimulating breakthroughs that have significant consequences for multiple industries, including the criminal justice system, as examined in this article (Christin, 2017).
Figure
Source: Researcher's own work
Artificial Intelligence and Criminal Justice System
Artificial intelligence has traditionally been the subject of science fiction. Currently, we reside in an era dominated by artificial intelligence (AI), a verifiable reality that significantly and deeply influences our daily existence. Over time, AI applications are likely to be integrated into multiple domains of our lives, including agriculture, industry, communications, education, finance, the government, assistance, production, medicine, and transportation. The field of artificial intelligence is currently providing significant advantages to both public safety and the criminal justice system. Video analysis plays a crucial role in identifying offenders and their actions in videos related to criminal activities of persons or public security.
AI possesses immense potential to become an enduring component of our criminal justice system, as it aids in investigations and enables criminal justice professionals to enhance public safety. Artificial Intelligence is imperative in light of the present and forthcoming circumstances (Yamazaki, Nguyen, Bischoff, & Gibson, 2020).
Role of AI applications in the criminal justice system
AI algorithms can be applied in various domains, including the criminal justice system, to enhance public safety. AI algorithms are utilized in the analysis of radiological images for medical purposes, particularly in determining the cause and manner of death. This has significant implications in the fields of criminal justice and medical auditing. Furthermore, it has delved into various fields within forensic science, including DNA analysis. Artificial Intelligence (AI) is quickly emerging as a pivotal technology in the field of deception detection.
Facial Recognition: AI plays a crucial role in facial recognition, which is considered a significant application of this technology. It is ubiquitous in both the public and private sectors. Intelligence analysts primarily depend on facial recognition images to identify individuals involved in criminal activities. Examining a large quantity of potentially correlated images and videos in a precise manner is a laborious and time-consuming task, susceptible to human error caused by fatigue and other factors. The term "distinct hu" refers to the fact that machines or computers do not experience fatigue. The Intelligence Advanced Research Projects Activity's Janus computer-vision project is currently conducting trials to explore how to distinguish between individuals based on their facial features, similar to how a human analyst would.
Public Security with AI Cameras: Video and picture analysis are employed in the criminal justice system and by law enforcement agencies to gather specific information or knowledge about individuals, objects, and activities in order to support criminal investigations. However, the examination and interpretation of video and image data require a substantial investment in skilled personnel with expertise in the subject matter, making it a highly labor-intensive task. Human error is also prevalent due to the overwhelming amount of information, the rapid advancements in technologies such as smartphones and operating systems, and the limited number of personnel with the expertise to handle such information. AI technologies possess the capability to surpass human errors and function at an expert level. The American Transportation Department is currently exploring ways to enhance public safety by testing an automated traffic accident detection system that relies on recording data. This system aims to maintain a safe and efficient commuter traffic system across various locations, taking into account factors such as climate, lighting conditions, and traffic situations.
Crime Forecasting: Predictive analysis is a systematic process that utilizes large amounts of data to anticipate and generate possible future outcomes. In the realm of criminal justice, the responsibility for this task lies primarily with law enforcement officers, trial lawyers, and numerous other professionals, who must acquire extensive knowledge and skills over many years. Furthermore, artificial intelligence is capable of forecasting the individuals who are likely to perpetrate the offense. The job is laborious and susceptible to both prejudice and errors.
Gunshot Detection: The identification of characteristic patterns in gunshot analysis offers a new domain for the application of AI algorithms on smartphones and smart devices. This is based on the recognition that the characteristics and fidelity of gunshot recordings are affected by factors such as the type of firearm and ammunition, the spatial arrangement of the scene, and the recording device employed (Chouhan, 2019#Chouhan).
Pretrial Bail and Parole: When a person is charged with a crime, mostly accused persons are released on bail until they actually stand trial. Previously deciding cases that should be discharged or released pretrial or what a person’s bail ought to be set at is mostly done by judges by means of their excellent judgments. In just a very short time, judges had to determine if anyone was a risky person, a serious hazard to society, or at risk of hurting a witness if unconfined. It is an unsatisfactory system open to prejudice or favoritism (Custers, 2022).
AI may Alter the Values Underlying the Judicial System
The concerns associated with adjudication via artificial intelligence include incomprehensibility, datafication, disillusionment, and alienation. Each of these aspects of human adjudication, including understanding, modification, trust, and participation, is related to a characteristic feature of human beings. AI adjudication will disrupt traditional processes by utilizing advanced decision-making technologies that can determine legal matters in a manner that is fundamentally different from human cognitive methods. These disruptions can be advantageous in certain aspects, and AI adjudication may ultimately favor human adjudication. However, if the criminal justice system relies on AI adjudication, there are significant concerns regarding the potential for prejudice and bias, which could pose substantial risks (Wickramarathna & Edirisuriya, 2021).
Role of Artificial Intelligence in Crime Prevention
The role of artificial intelligence (AI) in crime prevention is becoming increasingly pivotal, offering innovative solutions to enhance security measures and mitigate criminal activities. In envisioning a society free from discrimination and crime, the emphasis is shifting toward proactive prevention rather than merely reactive responses. AI technologies, when integrated into crime prevention strategies, provide a robust framework to anticipate, deter, and curtail illicit activities. Security cameras, for instance, have evolved beyond passive surveillance tools with the incorporation of AI. By leveraging facial recognition and thumbprint identification, these cameras can effectively monitor and identify individuals, enhancing the accuracy of identifying potential threats. Additionally, gunshot detection systems, powered by AI algorithms, can swiftly analyze audio cues to pinpoint the location of gunshots, enabling rapid response from law enforcement. One of the distinctive strengths of AI in crime prevention lies in its ability to analyze vast datasets and identify patterns that might elude human observation. Predictive policing, an application of AI, utilizes historical crime data to forecast potential criminal hotspots, aiding law enforcement in deploying resources strategically to deter criminal activities before they occur. Furthermore, AI-driven risk assessment tools can assist in identifying individuals who may be at a higher risk of engaging in criminal behavior, allowing for targeted interventions such as counseling or community support programs. These applications not only contribute to crime prevention but also align with efforts to address root causes and promote community well-being.
The role of AI in crime prevention is transformative, offering a proactive and data-driven approach to enhance public safety. By harnessing the power of facial recognition, gunshot detection, predictive policing, and risk assessment tools, artificial intelligence emerges as a valuable ally in the collective endeavor to create safer and more secure societies. As technology continues to advance, the integration of AI in crime prevention strategies holds the promise of not only reducing criminal incidents but also fostering a more equitable and inclusive vision of societal well-being (Ligeti, 2019).
The Future of AI in the Criminal Justice System
The potential of AI in the criminal judicial system is vast, with the continuous introduction of innovative applications that could revolutionize law enforcement practices and improve public safety. Video analytics, which includes facial identification technology and the capability to monitor individuals across different locations using closed-circuit TV or multiple cameras, is leading the way in these advancements. Through the analysis of behaviors and recurring sequences, AI applications have the capability to not only proactively thwart criminal acts but also detect ongoing criminal activity, thereby assisting investigators in promptly identifying potential culprits (Khan, Khan, & Khan, 2022).
The increasing technological capabilities allow for the processing of large amounts of data from various sources such as video cameras, images, and social media. This provides an opportunity for artificial intelligence (AI) to identify and uncover crimes that might otherwise remain undetected. This proactive strategy enhances public security by facilitating the prediction of potential criminal behavior, thereby fostering trust in law enforcement agencies and the overall criminal justice system. Furthermore, AI provides law enforcement with the ability to gather and analyze relevant information in real time, enabling them to respond more effectively and promptly to potentially dangerous situations. This ultimately improves the overall safety and welfare of the police force (Khan, A., & Hussain Shah Jillani, 2019).
AI showcases its potential in the incorporation of robotics and drones into public safety endeavors. These technologies can be utilized for community safety surveillance, incorporated into comprehensive public security systems, and function as a secure substitute for exposing police officers and communities to potential danger. Their utilization in gathering intelligence and providing assistance to professionals in criminal justice signifies a fundamental change in the way law enforcement functions, harnessing AI to augment and strengthen their abilities.
The trajectory of artificial intelligence in the criminal justice system is expected to have a lasting and profound impact. AI plays a vital role in advancing law enforcement practices by offering valuable investigative support and enabling criminal justice professionals to enhance public safety. The ethical and responsible incorporation of these technologies holds the potential for a future in which AI plays a substantial role in creating a safer and more secure society (Lapshin, Korneev, & Kilimbaev, 2020).
Conclusion
The increased utilization of AI applications will fundamentally alter the functional capabilities, departmental motivations, power dynamics in relationships, and, ultimately, the perspectives of both experts and non-experts. The probable outcome will be the supremacy of values linked by formalized justice. The utilization of advanced AI technology carries a significant level of risk due to the potential occurrence of unforeseen events at any given moment. The human mind surpasses advanced machines in its ability to engage in natural processes. Over time, astute criminals will realize that machines can be utilized for their own purposes, as it is impossible to fully control the human mind due to its inherent nature. If truth-detecting machines are employed during court proceedings for adjudication, it would undermine the fundamental principles of natural justice, fair trial, and personal liberty, thereby contravening the Constitution's supreme authority. Denying the accused person a fair trial by punishing them without allowing them to present their case in court is a violation of their right to a fair trial, which is guaranteed by both national and international law.
The implementation of AI technology in the criminal justice system and law enforcement has the potential to compromise the rights of the accused and introduce legal liabilities in criminal procedures. The current standards of evidence are blurred by various factors, including the presumption of naiveté, the right to a fair trial (which includes the equal treatment of both parties in court proceedings and the ability to question witnesses), the right to an independent and unbiased panel (including the right to randomly select a judge), the principle of non-discrimination and equivalence, and the principle of validity. AI systems must adhere to the principles and ethical guidelines established by the legal system. The inclination to apply algorithms to every aspect has piqued the interest of policymakers. They both express concern about the impact of algorithms on basic liberties and discuss methods for ensuring algorithmic accountability. In the European context, the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe approved the 'European Charter on the Use of AI in Judicial Systems' in late 2018 to address the aforementioned risks, particularly in the field of criminal justice. The legislation should establish a dedicated task force to oversee the propriety and integrity of the algorithms employed by municipal agencies.
References
Barfield, W., & Pagallo, U. (Eds.). (2018). Research handbook on the law of artificial intelligence. Edward Elgar Publishing.
Chouhan, K. S. (2019). Role of an AI in legal aid and access to criminal justice. International Journal of Legal Research, 6(2), 75-87. https://ssrn.com/abstract=3536194
Christin, A. (2017). Algorithms in practice: Comparing web journalism and criminal justice. Big Data & Society, 4(2), 205395171771885. https://doi.org/10.1177/2053951717718855
Custers, B. (2022). AI in criminal law: An overview of AI applications in substantive and procedural criminal law. Law and Artificial Intelligence, 205-223. https://doi.org/10.1007/978-94-6265-523-2_11
Khan, A. (2018). Autonomous Weapons and Their Compliance with International Humanitarian Law (LLM Thesis). Traditional Journal of Law. https://ssrn.com/abstract=4072766
Khan, A., Jillani, M. A., & Maseehullah, M. (2019). Killer robots and their compliance with the principles of law of war. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3840427
Khan, A., Khan, A. S., & Khan, I. (2022). Responsibility Of Killer Robots For Causing Civilian Harm: A Critique Of AI Application In Warfare Doctrine. Pakistan Journal of International Affairs, 5(1), 15-33.
Lapshin, V., Korneev, S., & Kilimbaev, R. V. (2020). The use of artificial intelligence in criminal law and criminal procedure systems. IOP Conference Series, 1001, 012144. https://doi.org/10.1088/1757-899x/1001/1/012144
Villasenor, J., & Foggo, V. (2020). Artificial Intelligence, Due Process, and Criminal Sentencing. Mich. St. L. Rev., 3. 295. http://dx.doi.org/10.17613/48wf-jn82
Wickramarathna, N. A., & Edirisuriya, E. A. T. A. (2021). Artificial Intelligence in the Criminal Justice System: A Literature Review and a Survey. http://ir.kdu.ac.lk/handle/345/5244
Yamazaki, K., Nguyen, B., Bischoff, N., & Gibson, C. (2020). TRANSFORMING HEALTHCARE WITH ARTIFICIAL INTELLIGENCE. Transforming Healthcare with Big Data and AI, 43.
Ρηγάτος, Ε. (2022). The role of artificial intelligence and digital transformation in the contemporary environment of the judicial systems. https://apothesis.eap.gr/archive/item/171992?lang=en
1 Lecturer, Department of Law, University of Sialkot, Sialkot, Punjab, Pakistan.
2 Assistant Professor, Department of Law, University of Sialkot, Sialkot, Punjab, Pakistan.
3 Lecturer, Department of Law, University of Sialkot, Sialkot, Punjab, Pakistan.
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