Law and the Criminal Justice System

The criminal justice system is being transformed due to artificial intelligence (AI). These technologies have been sold on the promise of a system freed from error, an efficient, objective, and data-driven solution to justice. The rapid deployment of AI, from predictive policing on our streets to risk assessment algorithms in our courtrooms, is creating a new type of discrimination. These systems, trained on datasets immersed in decades of human bias, are not eliminating prejudice but instead are automating it. This chapter examines the mechanics of these tools and tracks them through the justice process, from the street-level policing and investigations to federal surveillance, courtroom sentencing, and the prison and probation systems. This can have a serious impact on societies entering a future where human and civil rights are being impacted by unaccountable code. The chapter ends with a model for reform for new legislation, technical safeguards like mandatory audits and transparency, and a legal commitment to judicial and public oversight to ensure our future serves justice.