Technology has infiltrated every sector of society, Law not being any different,
has also seen technological interference. There are various technologies but the
most appropriate technology that can be used and is currently being used in law
is AI and Predictive Analytics.
These technologies are mostly used to identify
and predict future outcomes based on historical data, this ability can be used
in decision-making in law. Law has different kinds, but the one that needs to be
discussed urgently is criminal law. Criminal law deals with acts that are
prohibited by law and against the public at large and are dealt with punishment.
As criminal law is an essential branch of law dealing with public welfare, the
use of technology in it must be carefully considered. The paper shall focus on
the use of AI and Predictive Analytics in criminal law and justice. It shall
also highlight the advantages and disadvantages and further suggestions to
improve the existing system.
Industry 4.0 is continuously on the rise, increasing technological intervention
in different sectors of society. Law has also been infiltrated with technology
and new algorithms have been tested to aid criminal law. The algorithms that are
primarily used in finding patterns and then providing result for the current
scenario is AI and Predictive analytics.
AI is artificial intelligence is the
capability to perform any assignment which is usually performed by a being with
higher intelligence. This technology can be used for decision making and it uses
logic and reason to answer. Logic and reason are the tools required in law to
come to a decision. Predictive analytics on the other hand refers to the
utilization of data to provide predictions .
It compares the present data
with the historical data to discover if the patterns may appear again. This
technology can be used to focus on the types and areas where the crime may occur
according to which the appropriate action can be taken. Focusing on Criminal
Justice, AI, and predictive analytics can be used to highlight the possible
offenders and assist in decision-making.
Despite the usefulness of these
technologies, there are still concerns regarding privacy and biased data that
can be an obstacle to providing accurate results. But it can be more dangerous
when it is used in law where the life and dignity of a person can be
compromised. The paper shall focus on the possibility of AI and Predictive
analytics in Criminal law by evaluating the advantages and disadvantages of the
Advantages Of AI And Predictive Analysis In Criminal Law And Justice
Providing Efficiency in Crime Investigation
AI and Predictive Analysis in India are currently being used to efficiently
improve the investigation of crimes. Mumbai Police is using these technologies
to pinpoint an area where a crime is most likely to occur . This makes the
Mumbai Police capable of upholding the law and protecting the fundamental rights
of a person. Smart cameras have been installed by the Ahmedabad Municipal
Corporation to study body movements, analyze them, and highlight the person who
is violating the law . Delhi police partnered with ISRO and have created an
analytical system "Crime Mapping, analytics and Predictive System (CMAPS)".
CMAPS provides a device to each person of Delhi Police which will contain a data
system of criminals . It will help to ascertain internal security by
maintaining law and order with the help of technology.
Increasing Public Safety by Reducing the Time of Response
The National Crime Records Bureau has initiated a system called Crime and
Criminal Tracking Network and Systems (CCTNS) . This system collects and
interprets data on crime from all over the country. This data is further used to
highlight individuals who are hardened criminals. From the data obtained out of
the system, the activities of the criminals can be monitored, and if there is
any indication that there could be a violation of the law then response to
mitigate it would be quick as the activities were monitored. Many other
companies like, Oracle, Microsoft, SAS, IBM, etc. are working on making CCTV
systems with Advanced analytic capabilities to improve response time in
addressing a criminal incident.
Decision for granting Bail, Identification, and Sentencing
Predictive Analysis and AI can be used to decide whether a person shall be
granted bail or should be detained during the proceedings of trial based on the
criminal history of the person, personal background, and the possibility of
re-offending AI can be used to identify possible suspects through fingerprints
and facial recognition . AI can also be used to aid judges in determining the
appropriate punishment for a person.
Disadvantages Of Ai And Predictive Analysis In Criminal Law And Justice
Possibility of biases due to biased historical data
The systems are based on historical data and use it to identify a person as a
criminal or not. The technologies can only give an accurate result if the data
provided to it is accurate, the historically biased data discriminately pointing
at one group of people can lead to violation of fundamental rights and result in
unfair trials. A fair trial is guaranteed under Article 21 as mentioned in the
case of Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar
Article 10 of the Universal Declaration on Human Rights.
The biases in
historical data can lead to unfair trials and thus, violation of fundamental
rights. The biased data analysis can lead to pre-trial detention and sentencing
which is discriminatory and violative of the right to fair trial. It is really
difficult to prove the accuracy of these systems and the influence of the
reports from such systems can lead to a partial judge which will lead to an
Concerns over the violation of the right to Privacy.
In the case of R. Rajagopal v. Union of India, the Supreme Court stated that the
right to privacy is a part of personal liberty guaranteed under the Constitution
. Under Article 21, from time to time the judiciary through its judgments has
embedded various aspects into Article 21 to give a quality life to the citizens.
The right to privacy is a fundamental right as mentioned in the case of K. S. Puttaswamy (Retd.) v. Union of India
Predictive Analysis and AI may
infringe upon the right to privacy if the data that is being used by these
systems involves personal data being taken mandatorily without the consent of
the person. Predictive analysis and AI in criminal law can work best if they
have all the data of a person. But even if the government manages to get the
consent of every person to give their data, there is still the concern of the
data being hacked. Any piece of information if inserted in the cyber world, is
subjected to hacking.
Suggestions And Conclusion:
Predictive analytics and AI have the potential to enhance and improve the
Criminal Law and justice system. Its ability to predict future outcomes and
behavior truly assists law enforcement agencies. But to make it laguna free
there are certain suggestions:
- It is suggested that these systems be more transparent which can be done by
formulating rules and regulations to use such tools.
- The tools need to be seen as complementary to human evaluation and cannot be
completely used in place of human beings.
- It is crucial to create a legal framework and mechanism that can appropriately
check the usage of the technologies and ensure that it is within the parameters
of the constitution.
- The input data needs to be checked for biases against any particular community
which if not done can lead to discrimination and miscarrying of justice.
- Investopedia - Predictive Analytics - https://www.investopedia.com/terms/p/predictive-analytics.asp
- Times of India - Crime Predicting AI Tool - https://timesofindia.indiatimes.com/city/mumbai/a-silver-bullet-for-cops-crime-predicting-ai-tool/articleshow/65536902.cms
- Analytics India Magazine - AI-Powered CCTV - https://analyticsindiamag.com/ahmedabads-ai-powered-cctv-recognises-man-spitting-helps-cops-penalise-him/
- Computerworld - Predictive Analytics for Indian Police - https://www.computerworld.com/article/3443328/how-predictive-analytics-helps-indian-police-fight-crime.html
- National Crime Records Bureau - CCTNS - https://ncrb.gov.in/en/crime-and-criminal-tracking-network-systems-cctns
- Bharat Chugh - AI in Bail Proceedings - https://bharatchugh.in/2021/11/24/alexa-jail-or-bail-use-of-artificial-intelligence-in-bail-proceedings/
- Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, 1979 AIR 1369
- R. Rajagopal v. Union of India, 1995 AIR 264 - https://indiankanoon.org/doc/1140103/
- K. S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 - https://indiankanoon.org/doc/120309213/
Award Winning Article Is Written By: Ms.Gargi Pant
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