The Impact of Artificial Intelligence on Criminal Justice System in India

Author- Ekta Chandrakar, Assistant Professor, Faculty of Law, KalingaUniversity, Naya Raipur

Email id: ekta.chandrakar@kalingauniversity.ac.in

Introduction

India’s criminal justice system is struggling with a backlog of cases and protracted trial wait periods. Additionally, there are issues with biases and mistakes in the system that could result in incorrect convictions or acquittals. By offering faster and more precise ways to solve problems, artificial intelligence (AI) has the potential to assist resolve some of these issues. In order to help investigators and judges make more informed judgements, AI may be used to analyse vast amounts of data, spot patterns and relationships, and generate predictions.

Several facets of India’s criminal justice system have already benefited from AI. How, for instance, can we guarantee that AI is not feeding into the system’s already-present biases? How do we make sure algorithms are accountable and transparent? How can we safeguard personal information in a system that depends more and more on data analytics? These and other issues will be investigated in this study paper in order to comprehend how AI has affected India’s criminal justice system.

The criminal justice system is among the many global businesses that artificial intelligence (AI) is revolutionizing. AI is rapidly being employed in criminal investigations, court cases, and sentencing in India. AI has the ability to improve the effectiveness, efficiency, and fairness of the criminal justice system. But it also prompts serious legal and moral issues.

Law enforcement organizations can analyses vast volumes of data and find patterns that might not be obvious to the human eye by using AI in criminal investigations. This involves looking at posts on social media, phone records, and other digital proof. The analysis of video footage using facial recognition software is another application of AI. AI is being employed in India to conduct investigations into crimes like money laundering, terrorism, and cybercrime.

Additionally, AI is being utilized in criminal cases to support case analysis, legal research, and evidence management. Legal research can be costly and time-consuming, but AI can automate it and make it more effective. AI can also be used to review legal precedents and determine whether they are relevant to a given case. AI is currently being used in India to analyse case law and help solicitors craft legal arguments.

AI can also be employed to analyse evidence like DNA and fingerprints. This can aid in suspect identification and improve the prosecution’s case. However, questions remain regarding the validity of AI evidence and whether it ought to be admitted in court. In criminal investigations in India, AI is being utilised to analyse DNA evidence.

AI is also being utilised to help in parole and sentence decisions. This involves recommending sentences and terms of parole based on algorithms that determine the likelihood of reoffending. The fairness and accuracy of these algorithms are a matter of concern, though. AI is currently being employed in India to help with sentencing for white-collar offences.

Thus, the impact of AI on India’s criminal justice system will be covered in this article, along with any potential advantages and disadvantages. We will also talk about the ethical and legal challenges raised by the use of AI in the criminal justice system as well as possible solutions. A comprehensive analysis and regulation would be necessary to guarantee that AI is applied in a fair and just manner given the complexity and breadth of its effects on India’s criminal justice system.

Background

In India, the criminal justice system is made up of a number of essential elements, including the judiciary, prisons, and law enforcement organisations. Law enforcement organisations include the police, who are in charge of conducting criminal investigations, as well as other specialised organisations that handle cases of national significance, such the Central Bureau of Investigation (CBI) and the National Investigation Agency (NIA). The judiciary, which consists of district courts, high courts, and the Supreme Court of India, is in charge of interpreting and upholding the law. Jails and prisons, which are in charge of sheltering and rehabilitating inmates, are examples of correctional institutions.

India’s criminal justice system confronts a number of difficulties, such as a backlog of cases, a lack of judges and solicitors, and worries about biases and mistakes in the system. In 2019, there were more than 3.7 million cases pending in lower courts, more than 57,000 cases pending in higher courts, and more than 62,000 cases pending in the Supreme Court, according to the National Crime Records Bureau (NCRB). Additionally, just 47.1% of cases in India resulted in convictions in 2019, which is a poor conviction rate. This is a result of both systemic biases and faults as well as the drawn-out legal process, which can take years to complete.

By offering faster and more accurate ways to resolve cases, AI has the ability to address some of these issues. For instance, AI may be used to analyse vast amounts of data to find patterns and correlations that human investigators would not be able to see. AI can also be used to forecast a suspect’s propensity for committing a crime or the likelihood of a specific result in a case. The application of AI in the criminal justice system does, however, also bring up significant ethical and legal issues, such as ensuring that it does not reinforce systemic prejudices and safeguarding personal data in a system that is becoming more and more dependent on data analytics.

Pros and Cons of AI in the Criminal Justice Field

For many years, there has been discussion regarding the application of artificial intelligence (AI) in the subject of criminal justice. While AI technology has the potential to increase the precision and effectiveness of criminal investigations, it also creates moral, societal, and legal issues that need to be carefully explored.

Ø  Pros of AI in the Criminal Justice Field

The ability of AI technology to analyse massive amounts of data and spot patterns that human investigators might overlook is one of the system’s most important benefits. This can aid in predicting crime, locating suspects, and avoiding erroneous convictions. AI, for instance, can be used to examine surveillance footage and recognise people based on their distinctive characteristics, including facial recognition or gait analysis. Law enforcement organisations can use this technology to help identify and locate offenders more swiftly.

Reduced bias and discrimination in decision-making is another benefit of AI in the criminal justice system. In contrast to human judgement, AI algorithms are meant to make conclusions that are fact-based and objective. In the criminal justice system, where bias can result in erroneous convictions and other serious repercussions, this can help to ensure that decisions are fair and unbiased. By excluding human emotions from the decision-making process, AI technology might help lessen the effects of unconscious biases, such as racial or gender bias.

The criminal justice system’s effectiveness and quickness can be enhanced by AI. AI technology can automate a variety of jobs that would otherwise need a lot of human labour, such as document processing and analysis. This can lessen the demand for human resources and save time and money. AI systems, for instance, can analyse legal texts and locate pertinent data far more rapidly and precisely than a human could, such as case law or pertinent precedents.

Ø  Cons of AI in the Criminal Justice Field

Despite the potential advantages of AI in the criminal justice system, there are a number of serious issues that need to be resolved. The possibility for bias in AI algorithms is one of the main worries. The objectivity of AI systems depends on the data they are educated on. The AI will be biassed if the data is biassed, which could result in bias against particular groups of individuals. Incorrect or unfair choices may result, for instance, if an AI programme is trained on data that is biased against particular racial or ethnic groups.

The lack of transparency in some AI algorithms is a serious concern when using AI in the criminal justice system. It can be difficult to comprehend how judgements are made because many AI systems are “black boxes.” It may be challenging to hold the system responsible and to find and fix faults due to this lack of transparency. It can also be challenging for people to question choices produced by AI algorithms, which can be a big problem in court.

The criminal justice system runs the risk of becoming too reliant on technology. Although AI technology can increase productivity and accuracy, it shouldn’t completely replace human judgement. In the criminal justice system, human judgement and skill are still required. An excessive reliance on technology could result in a lack of accountability and responsibility, which could have negative effects on people.

Privacy, spying, and the possible abuse of AI technology in the criminal justice system are further ethical issues that need to be addressed. In particular, if the technology is used to gather and analyse personal data, the usage of AI technology presents privacy and surveillance problems. Additionally, there is a chance that the technology may be abused, which might have serious repercussions for people including false arrests and incarceration.

Steps taken to address Legal and Ethical Concerns

Numerous ethical and legal issues are brought up by India’s usage of AI in the criminal justice system. These worries cover matters of equity, openness, responsibility, bias, and privacy. As a result, the following are the issues and possible solutions:

Ø  Fairness

Fairness is among the main issues raised by the employment of AI in India’s criminal justice system. There is a chance that AI algorithms will reinforce current prejudices in the criminal justice system, especially those that target marginalized groups. An algorithm may produce biased findings, for instance, if it is trained on data that is biased against a certain population.

It’s crucial to make sure that the data used to train AI algorithms is representative and diverse in order to allay this worry. This entails incorporating data from a variety of sources and accounting for elements like caste, religion, and socioeconomic position. Additionally, it’s critical to make sure that AI algorithms are routinely inspected to spot and address any biases that might develop.

Ø  Transparency

Transparency is a major issue with regard to the usage of AI in India’s criminal justice system. Because AI algorithms can be intricate and challenging to comprehend, it may be challenging for defendants and their attorneys to object to their use in court. The public’s confidence in the criminal justice system may be damaged by this lack of transparency.

It’s crucial to make sure AI algorithms are transparent and understandable in order to allay this worry. This entails offering thorough explanations of the algorithms’ operation and the data they utilize. Additionally, it entails making certain that the accused and their attorneys have access to this data and are able to object to the employment of AI algorithms in court.

Ø  Accountability

Accountability is an issue that is related. It can be challenging to pinpoint who is to blame for any mistakes or prejudices that may occur when AI algorithms are applied in India’s criminal justice system. For instance, it might not be obvious who is in charge of addressing bias if an algorithm yields results that are unfavorable.

It’s crucial to make sure that the employment of AI algorithms in the criminal justice system is accountable in order to allay this worry. This entails determining who is in charge of developing, putting into practice, and overseeing the algorithms and making sure that they are accountable for any mistakes or biases that may occur.

Ø  Bias

Bias is another issue with regard to the application of AI in India’s criminal justice system. Based on variables like race, gender, or religion, AI systems may be biased against particular groups. For instance, a facial recognition algorithm might have a harder time recognizing people with darker skin tones.

In order to overcome this issue, it’s crucial to make sure that bias is minimized during the design and training of AI systems. This entails making sure that the algorithms are routinely checked for bias and that the data used to train them is diverse and representative.

Ø  Privacy

Finally, privacy issues are raised by India’s employment of AI in the criminal justice system. Large amounts of personal data, including information about criminal histories and biometric information like fingerprints and DNA, may be collected and analyzed through the usage of AI. There is a chance that this information will be abused or disseminated improperly, endangering people’s rights to privacy.

In order to address this issue, it’s crucial to make sure that the gathering and use of personal data respects both privacy and human rights. This entails making sure that information is gathered, preserved, and only utilized in accordance with legal requirements. It also entails making sure that people have the right to access and control their personal data as well as information about how their data is being used.

Conclusion

In conclusion, applying AI to India’s criminal justice system offers the potential to increase effectiveness and save expenses. But it also prompts serious legal and moral issues. By making sure that AI algorithms are created and executed in a way, it is crucial to allay these worries.

Consequently, artificial intelligence (AI) is revolutionizing a number of economic areas in India. The criminal justice system is one area where AI is quite promising. More than ever, AI is being used to solve situations in a quick, effective, and accurate manner. AI has the ability to lessen human prejudices and mistakes, which could result in more accurate and fair judgments. However, there are issues with using AI in the criminal justice system, such as the need for transparent and responsible algorithms, making sure AI isn’t used to confirm preexisting biases, and preserving private information.

Thus, AI has the potential to increase effectiveness and lower costs in India’s criminal justice system. Additionally, it can lessen prejudice and make decision-making more equitable. But there are huge moral and legal issues that need to be resolved. These include worries about data security, privacy, and the possibility that AI would reinforce current prejudices in the criminal justice system.

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