Open AccessSeeking Compatibility in Preventing Crime with Artificial Intelligence and Ensuring a Fair Trial
Author(s) -
Kelly Blount
Publication year - 2021
Publication title -
masaryk university journal of law and technology
Language(s) - English
Resource type - Journals
eISSN - 1802-5951
pISSN - 1802-5943
DOI - 10.5817/mujlt2021-1-2
Subject(s) - presumption of innocence , analogy , criminal justice , convention , law , presumption , political science , human rights , fair trial , law and economics , criminology , sociology , epistemology , philosophy
The justice system is increasingly reliant on new technologies such as artificial intelligence (AI). In the field of criminal law this also extends to the methods utilized by police for preventing crime. Though policing is not explicitly covered by Article 6 of the European Convention of Human Rights, this article will demonstrate that there can be adverse effects of policing on fair trial rights and make the analogy to criminal investigations as a recognized pre-trial process. Specifically, it will argue that policing that relies on AI to predict crime has direct effects on fair trial processes such as the equality of arms, the presumption of innocence, and the right to confront the evidence produced against a defendant. It will conclude by challenging the notion that AI is always an appropriate tool for legal processes.