Review of trends regarding artificial intelligence and its prospects for procedural decisions during criminal proceeding

Abstract

Discussions on the advantages and risks of artificial intelligence (AI) in various fields are among the most relevant today. It is evident that proponents and opponents of its implementation have existed, exist, and will continue to exist. However, it is undeniable that with each scientific and technological advancement, humanity has the opportunity to improve or worsen the quality of its existence. Therefore, it is crucial to establish rules for developers and users who must be aware of the existing threats posed by the use of a particular tool, despite or in defiance of these limitations. This overview aims to explore how various aspects of our lives, including the legal sphere, are changing due to the widespread availability and increasing accessibility of artificial intelligence (AI). It seeks to clarify the role of the state as a regulator and implementer of relevant functions, the rules developers and users must adhere to, the aspects of AI usage already accessible to the legal sector, and how AI can assist in decision-making during criminal proceedings (while still leaving the leading role in decision-making and choice of alternatives to humans). It also discusses the prospects ahead and the myths that need to be overcome for progress. Through analysis and synthesis, it has been observed that threats from harmful AI are present, especially when it is deployed not for socially beneficial or human-centric purposes. Regulation of the AI sphere is crucial in all its aspects, starting from ethical considerations and ensuring an anthropocentric approach to AI development and usage, and ending with cutting-edge developments, including AI applications in various fields, such as the creation of new product designs like confectionery. Despite potential risks and threats, the use of artificial intelligence can have advantages, but careful regulation of this area is necessary. It is also noted that regulating AI to the detriment of progressive development should be avoided. It is argued that in the legal and law enforcement sectors, AI assistance can bring many benefits, but its use must be accompanied by a full awareness of the axiom that “AI systems for justice and law enforcement are considered ‘high risks’.” Therefore, before actively applying AI, especially in this realm, it is essential to establish clear boundaries and rules, and importantly, accountability for any harm caused. Such sensitive aspects as the integrity of human privacy, respect for human rights, and the like should prevail in this mechanism.