Abstract
This essay is an introductory exploration of machine learning technologies and their inherent human rights issues in criminal justice contexts. These inherent human rights issues include privacy concerns, the chilling of freedom of expression, problems around potential for racial discrimination, and the rights of victims of crime to be treated with dignity. This essay is built around three case studies - with the first on the digital 'mining' of rape complainants' mobile phones for evidence for disclosure to defence counsel. This first case study seeks to show how AI or machine learning tech might hypothetically either ease or inflame some of the tensions involved for human rights in this context. The second case study is concerned with the human rights challenges of facial recognition of suspects by police forces, using automated algorithms (live facial recognition) in public places. The third case study is concerned with the development of useful self-regulation in algorithmic governance practices in UK policing. This essay concludes with an emphasis on the need for the 'politics of information' (Lyon, 2007) to catch up with the 'politics of public protection' (Nash, 2010).
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