When Machines Judge: The Role of AI in Criminal Law

  • Rujuta Bapat
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  • Rujuta Bapat

    Student at National Law Institute University, Bhopal, India

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Abstract

In the past decade, the use of AI and Machine Learning Systems in the field of criminology has become a norm in several countries. From the use of AI to determine whether a convict should be let out on parole, to using face recognition systems to determine potential conflict areas, AI assists law enforcement and adjudication agencies to perform their duties in a more effective manner. However, this use has been heavily debated in the past few years. This paper discusses the issues that arise in such circumstances, including but not limited to biasness and lack of transparency. The use of such systems may impact the human rights and privacy rights of individuals as well. Thus, the need for oversight and accountability is highlighted. That being said, beyond discussing the challenges, this paper delves into the solutions to such issues as well, particularly the legal frameworks that need to be enacted to allow the smooth functioning of such systems. Further, with a sound legal system, it will be easier for those who are impacted by these systems and have grievances to resolve them. Finally, this paper discusses the balance that must be struck between the use of such AI systems and the natural and human rights of people impacted by them.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 1, Page 322 - 335

DOI: https://doij.org/10.10000/IJLMH.118920

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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