Artificial Intelligence (AI) has recently been integrated into every facet of modern life, and the criminal justice system is no exception. AI’s role in criminal policing, investigation, prosecution, and judicial decision-making is increasing. From predictive policing and evidence analysis to sentencing decisions, more reliance on AI technology is changing the criminal process in both positive and negative ways.
This blog post explains how AI is being integrated into the criminal justice process, its potential benefits, the possible negative consequences, and ethical issues raised by its use.
Stechschulte Nell, Attorneys at Law, have been eager to embrace all available technological developments that may help our clients obtain effective and affordable criminal defenses with successful outcomes. But we are also guarded as we analyze new technology. Professional criminal defense lawyers must remain aware of the possible negative impact any new technology may have on the criminal justice system.
AI in Predictive Policing
Predictive policing refers to the use of algorithms and machine learning techniques to analyze data and predict potential criminal activity. By processing vast amounts of data, including crime rates, locations, and times, AI is being used to identify patterns and hotspots of criminal activity, causing law enforcement agencies to allocate resources more deliberately and potentially prevent crimes before they occur.
However, AI is merely a collector of data, data it gathers from a wide range of sources on the internet, many of which may be biased, outdated, and inaccurate.
Predictive policing is the concept in which AI processes data so that police forces may assign their officers to locations where they will be most valuable. If the data collected and organized by AI’s algorithm is current, accurate, and reliable, then its use may enable police to deploy their resources in the most cost-effective and productive manner. Putting police where they are most needed and can provide the most benefit at any time of day would seem to be a great benefit.
However, predictive policing’s success depends on the quality of the data input into the AI system.
Bias and Fairness
The reliance on historical data can perpetuate preexisting biases, leading to disproportionate targeting of specific communities.
An example of this phenomenon involves the incorrect idea that most crime is committed in an area in which people of color reside. If most arrests occur in that area, does that mean that’s where the crime is mostly occurring? Not necessarily. The fact is that most arrests occur wherever police patrols are concentrated.
If more police spend more time in a particular area, then more arrests will be made in that area. Crime can be committed outside of that area at a higher rate but produces fewer arrests because fewer police patrol the other area.
AI in Evidence Analysis
AI technologies are increasingly used to analyze evidence in criminal investigations. From facial recognition software to digital forensics, AI can sift through vast datasets much faster than human investigators, identifying patterns and connections that might otherwise go unnoticed.
AI can analyze large volumes of data quickly and accurately, improving the identification and interpretation of evidence. Analysis of fingerprint evidence is an example of AI’s superiority in speedily producing results of potential matches. Similarly, AI excels at DNA analysis and searching DNA databases at a pace and accuracy rate thousands of times faster than a human could perform the same tasks.
If sufficiently accurate data is input into an AI analysis, the resulting output is unaffected by human errors. AI is not smarter than humans, it is simply more persistent and consistent. AI is not distracted by nearby conversations, fatigue, hunger, loud noises, or the end of a workday.
However, if incorrect, indefinite, or ambiguous data is input into an AI program, incorrect and unreliable conclusions will be produced.
Facial Recognition Technology
The use of AI in evidence analysis, especially surveillance technologies like facial recognition, raises significant privacy issues. Do we, as a society, want facial recognition scanners mounted everywhere in public places so that our every movement is recorded and available to law enforcement.
Do we want to preserve our privacy when the state has limited or no legitimate interest in tracking our movements?
AI’s capacity to deliver false positive identifications when using facial recognition technology is an extremely serious and common problem. If an image of a burglary suspect is downloaded from a business’s CCTV footage and fed into an AI facial recognition program, the database of faces from which AI will search might include a years-old photo of a similar appearing individual.
Such an event occurred within the past year and resulted in an innocent person being arrested and detained in jail because their old driver’s license photo was the closest match to the image being searched for.
AI in Decision Making and Sentencing
AI is also being used by some judges for its potential to assist in legal decision-making, including sentencing. By analyzing data on previous cases, sentencing patterns, and outcomes, AI systems offer recommendations on sentencing that are theoretically consistent with established legal standards and precedents.
As with other applications, the danger of unreliable or outdated or faulty data being relied upon to educate the AI program means that a person’s future life may be determined by an incorrect AI analysis of their likelihood to reoffend.
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The Best Defense: Getting an Experienced Criminal Defense Lawyer
AI has the potential to revolutionize how we approach crime prevention, evidence analysis, and even sentencing, making processes more efficient and possibly even fairer. Yet, as we’ve seen, this tech isn’t without its flaws. Bias, privacy concerns, and the risk of errors are serious challenges that need addressing. Stechschulte Nell, Attorneys at Law, stands at the forefront of this technological frontier, combining cutting-edge AI advancements with seasoned legal expertise to safeguard our clients’ rights and futures.
Remember, while AI can offer invaluable tools, the human element—especially in the form of an experienced criminal defense lawyer—remains irreplaceable. In the digital age of justice, ensuring fairness and accuracy means not just embracing new tech, but also understanding its limits. So, if you’re navigating the complexities of the criminal justice system, don’t go it alone.
Reach out to Stechschulte Nell, where technology meets tradition, ensuring you the best defense strategy in an ever-changing legal landscape. That’s our commitment to justice, one case at a time.
