Specific Laws Governing Use of Ai in Criminal Procedure and Attentive Criminal Judges: American Songbook for Global Listeners
Hert,Paul De Bouchagiar,Georgios
Hert,Paul De
Bouchagiar,Georgios
Abstract
Artificial Intelligence (AI) can be used in the criminal justice system to support human decision-making at various stages of the proceedings. Despite heavy criticism on AI’s opacity, complexity, non-contestability or unfair discrimination, such AI-implementations are often favoured, in light of alleged accuracy, effectiveness or efficiency in the overall decision-making process. After briefly recalling some key functions of AI in criminal procedures, the paper addresses whether and the degree to which AI-uses can comply with the United States (US) Federal Rules of Evidence and the constitutional rights to due process, equal protection and privacy. Recent case law (e.g., Puloka and Arteaga) and legal initiatives, such as the 2024 AI Policy and California’s 2024 Rules of Court, are also discussed. This paper ends with five important take-homes for global readers and regulators intending to introduce AI into their jurisdictions.
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2024
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Research Projects
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Citation
Hert, P D & Bouchagiar, G 2024, 'Specific Laws Governing Use of Ai in Criminal Procedure and Attentive Criminal Judges: American Songbook for Global Listeners', Shimla Law Review, vol. 7, pp. 1-31.