Artificial Intelligence and the Radical Overhaul of Penal Codes: Challenges for Modern Criminal Justice

Abstract

It makes sense that the application of machine learning (ML) and artificial intelligence (AI) in criminal justice has generated controversy. Many questions have been highlighted by the recent use of these technologies as risk-needs evaluation instruments and their possible future use as AI judges. Some are concerned that these algorithmic tools reinforce pre-existing prejudices, while others are concerned that they present significant issues with Due Process or Equal Protection. Others raise a more esoteric worry, arguing that ML techniques are fundamentally incapable of moral judgment, which they believe is essential for judicial decision-making, particularly in criminal cases. As a result, they worry that these instruments are particularly unsuitable to completely replace judges and provide insufficient methods of determining the destiny of criminal offenders. This comment aims to refute this criticism. In light of AI-driven crimes and digitally mediated offenses, this article explores the necessity of a drastic revision of criminal laws. The inadequacy of traditional criminal law concepts for use against modern crimes, including those enabled by deep fake technology, algorithmic discrimination, automated cyber-attack, financial crime based on artificial intelligence (AI) technology, and the improper use of generative AI technology, is explored. The Study highlights the current increase in innovation in the delivery of legal services through the use of AI applications, which can provide greater efficiency and ability to predict future events, along with the ethical concerns associated with such innovations: including concerns about bias, transparency, and the extent to which humans can be relied upon to provide oversight over such systems. The purpose of this Study was to identify three important categories of AI-based innovations to justice. These are: (1) Predictive justice, i.e., the use of AI tools for analysing jurisprudential data to assist legal professionals in making decisions; (2) Human machine collaboration, i.e., using AI to assist legal professionals in managing cases and conducting legal research; (3) The use of robots to assist with providing automated justice in the form of automated legal judgments.