ОПЫТ РАЗВИТЫХ СТРАН ПО ПРИМЕНЕНИЮ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА ДЛЯ ОБЕСПЕЧЕНИЯ ЗАЩИТЫ ПРАВ ЛИЧНОСТИ В УГОЛОВНОМ ПРАВОСУДИИ

Abstract

The article analyzes the issues of using artificial intelligence and machine learning to ensure the protection of the rights of participants in criminal proceedings. The author argues that machine learning technology and artificial intelligence will exacerbate and intensify the human rights tensions that already exist in the context of the criminal process. These inherent human rights concerns include privacy concerns, restrictions on freedom of expression, concerns about potential racial discrimination, and the rights of victims of crime to be treated with dignity. The paper argues that in the criminal justice setting, the new use of AI-driven or machine learning-based technology threatens civil liberties due, for example, to specific changes in law enforcement or sentencing practices that this may entail. Finally, the article optimistically argues that a flexible and multi-layered growth in efforts to develop effective controls and regulation of AI and machine learning technologies in the criminal justice setting is well underway. This is the case, at least in liberal democracies where AI and machine learning are used in the context of criminal justice.