Abstract

The rapid expansion of artificial intelligence (AI) in the criminal justice system makes AI use an urgent issue and a careful study of the related law. This paper unpacks some of how AI affects this area of law, looking at predictive policing, sentencing, criminal investigations, and transparency and accountability. To this end, this analysis employs a qualitative research design grounded in a review of statutory and case law, policy documents, and open-ended cases. The analysis then shifts to an exploration of AI in predictive policing, focusing on the vulnerability of AI algorithms to bias and discrimination and the potential impact of this on due process rights. It considers the part AI can play in sentencing and parole decisions - looking at the interplay between judicial discretion and automated decision-making and the human rights considerations involved. The paper examines, in the context of criminal investigations, the admissibility of AI-generated evidence and the privacy consequences of AI-powered surveillance technologies. The key findings show that while AI may improve efficiency and decision-making in criminal justice, it is combined with significant risks to fairness, privacy, and human rights. Judicial responses to these challenges differ widely, and essential case law underlines the importance of strong legal standards and regulatory frameworks. The paper concludes with suggestions for formulating a new technique to reconcile the updating of the law with preserving the legacy of law principles. These mechanisms include setting out guidelines for the use, improving data access transparency, and ensuring accountability through regulatory oversight. The research thus offers much-needed insight into how to more equitably and legally incorporate AI within the criminal justice system. This study provides lessons for lawyers, policymakers, and academics and underscores the urgent importance of conscious and moral AI adoption in the criminal justice system.

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