By Anoushka Bidwalkar, 3rd year BSW LLB. (Hons.) student at GNLU, Gandhinagar
Introduction
In recent times, Artificial Intelligence (AI) has almost touched every part of our lives that readily influences our decision-making patterns. AI has had a significant impact on society, with individuals, organizations, and governments using it in a variety of ways. AI is not defined in law, but it is defined in the scientific field, methodologies, and approaches, most commonly referred to as something specifically utilizing a machine to mimic human cognitive powers. AI has been growing at a tremendous rate and technology is being used for the greater good of mankind in all the aspects and fields.
‘Criminal law’ and ‘technology’ have always been seen as mutually exclusive fields. The field of criminal procedure law has been debating the potential for artificial intelligence to be used in court. The transition to a digital culture is bringing about significant changes not only in the context of crime but also in the way investigations are conducted. Delivering justice is the responsibility of us humans, and this sudden digital shift in people’s lives is impacting how this task is carried out. The criminal justice system (CJS) must use the benefits of technology and AI to the greatest extent possible. Experts from various fields such as policymakers, technologists and lawyers must work together for the greater good of the society, especially with respect to the criminal justice system.
Pros and Cons of AI in The Criminal Justice Field
There are several studies which have been conducted on the use of AI in criminal procedures worldwide. Some of these studies show that AI gives significant chances to ensure the legal system’s transparency, predictability, and standardization. Meanwhile other studies show that AI also poses numerous concerns due to the limited software capabilities available in the IT business.[1] Taking both these factors into account, government officials and legal entities involved in legal and criminal proceedings should be aware of the potential benefits of AI and keep a close eye on its effectiveness and development in real time.
While dealing with criminal cases, the intention of the accused is of prime importance. The behavior of a person can be affected by various factors which are beyond the comprehension of AI.
In order to conduct an investigation, there are a lot of factors involved such as the person’s family history, education, guilt perception, and other characteristics. A person’s honor and dignity, as well as the security of personal data, should not be overlooked in criminal justice system. As a result, it is believed that artificial intelligence would not be able to handle all these concerns which arise during criminal proceedings. Artificial intelligence can be used successfully in processing statistical data, assisting in the compilation of legal papers, exploring websites for information, and making decisions on criminal act qualification. The interested party should be able to question the scientific validity of the use of artificial intelligence algorithms, the operational significance assigned to its many aspects, and the folly of the conclusions reached. Hence, the use of AI in CJS should be decided by courts.
Because of AI’s predictive nature, it has become increasingly popular in criminology, law and forensics. Today, algorithmic risk assessments are widely used in law enforcement. Predictive policing and assessments are being used to predict whether or not someone will appear in court or commit a crime. Furthermore, the digital revolution that swept the globe in the last decade is having far-reaching consequences for every facet of criminal justice administration. The transition to a digital culture is bringing about significant changes in the types of crimes committed as well as how investigations are conducted. Delivering justice is our responsibility and it has been impacted due to this sudden digital shift. This shift to a digital world has provided us with easy and quick access to data, new investigation systems which are based on mining and analyzing huge sets of available data. Owing to the 2019 pandemic, the courts had undergone complete digitalization, with unrestricted access to any legal data required.
Developments in the field of AI and CJS in India
There has been a considerate growth in the usage of AI in India in various fields. One prominent instance of it can be the NITI Aayog which published an article titled ‘National Strategy for Artificial Intelligence #AI4ALL’ in order to bring awareness among people to make use of AI in a supervised and ethical manner. It highlights how artificial intelligence (AI) can be successfully used to five key sectors in India, which are healthcare, agriculture, education, smart cities and infrastructure, smart mobility, and transportation. The Indian judiciary has already put in place basic information and communication technology infrastructure through the eCourts Project and is now trying to take advantage of AI’s potential. The Supreme Court’s AI committee has already launched and tested two softwares. Firstly, a neural translation tool Supreme Court Vidhik Anuvaad Software (SUVAAS) to translate judicial documents to and from English into 9 different languages has been launched. Secondly, a court administration tool known as Supreme Court Portal for Assistance in Court Efficiency (SUPACE) which is used for data mining, case tracking, legal study and other similar functions. This is already being planned and implemented in some regions with the goal of increasing institutional efficiency. Hence, it is evident that the incorporation of AI into the legal sector has begun and is growing at a rapid pace.
Conclusion
Advances in AI, technology and shifting demographics are redefining the future of work, presenting both opportunities and challenges in the field of CJS. New technologies and social upheavals may generate chances for new and faster ways of investigation. The future of CJS will undoubtedly look and feel very different from the one we have today. However, the crucial question is how rapidly justice agencies can establish programs that enable improved experiences for victims, witnesses, and those attempting to live lives free of crime. If utilized wisely and responsibly, AI can make a significant positive change in the field of law and CJS.
[1] Christopher Rigano, “Using Artificial Intelligence to Address Criminal Justice Needs,” NIJ Journal 280, January 2019, https:// www.nij.gov/journals/280/Pages/using-artificialintelligence-to-address-criminal-justice-needs.aspx.