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AI in Criminal Justice Is the Trend Attorneys Need to Know About

Nov 06, 2024 - eff.org
The Electronic Frontier Foundation (EFF) has expressed concern over the integration of artificial intelligence (AI) into the criminal justice system, as detailed in a chapter they contributed to the American Bar Association’s annual publication, The State of Criminal Justice 2024. The chapter discusses the use of AI technologies by law enforcement, such as face recognition, license plate readers, and gunshot detection systems, and the threats they pose to due process, privacy, and civil liberties. The EFF highlights that these technologies, combined with public records and mobile phone data, are being used to build detailed law enforcement profiles of individuals, leading to potential wrongful arrests and privacy invasion.

The EFF also warns of the increasing eagerness of police departments to incorporate AI into their operations, encouraged by the marketing efforts of companies developing and selling this technology. The organization emphasizes the implications of AI's influence on law enforcement for the application of the law, the protection of civil liberties and privacy rights, and the integrity of the criminal justice system. The EFF's investigative researcher, Beryl Lipton, warns that AI could legitimize inequalities and abuses while facilitating mass privacy invasion.

Key takeaways:

  • Artificial Intelligence (AI) is being integrated into the criminal justice system, with technologies such as face recognition, license plate readers, and gunshot detection systems being used by law enforcement.
  • These AI-enabled technologies pose threats to due process, privacy, and other civil liberties, leading to wrongful arrests and jail time through false positives.
  • Data from these tools, along with public records, geolocation tracking, and mobile phone data, are being used to build detailed law enforcement profiles of individuals, even if they're not under investigation.
  • AI's influence on law enforcement has significant implications for the application of the law, the protection of civil liberties and privacy rights, and the integrity of the criminal justice system.
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