Evaluating the responsive uses of Artificial Intelligence in criminal sentencing in the criminal court: A comparative perspective

Abstract

The swift proliferation of Artificial Intelligence (AI) and algorithmic technologies in the criminal justice system and legal profession is apparent worldwide. Machine learning algorithms are currently impacting sentencing determinations in multiple jurisdictions globally. Artificial intelligence, in contrast to the organic intelligence of humans and animals, possesses the ability to learn, adapt, and evolve through the assimilation of knowledge and new information. AI software can independently learn and enhance its performance based on the data it acquires. These algorithms can identify trends, elaborate on them, and discover more effective methods for executing specific activities via automation. Human fallibility necessitates the integration of AI as an essential instrument in judicial decision-making, especially in criminal sentencing, thereby aiding judges in achieving more precise and efficient outcomes, which permits them to concentrate on other matters. This paper assesses the application of artificial intelligence in criminal sentencing within the judicial system from a comparative standpoint. A mixed-method approach was utilised, integrating qualitative and quantitative techniques for data collecting, encompassing in-person interviews and surveys. The research demonstrated that AI systems can swiftly analyse extensive amounts of legal language, facilitating tasks such as transcription, document summarisation, and legal research. AI employs diverse algorithms to address a multitude of problems through pattern recognition and the execution of precise instructions. Through the analysis of huge datasets, AI can deliver impartial recommendations, resulting in more uniform sentence outcomes for analogous situations. Artificial intelligence can evaluate an offender's likelihood of recidivism by analysing variables such as age and educational background, thereby aiding courts in making educated sentence decisions. The study indicated that the risks and obstacles linked to AI in sentencing encompass prejudice amplification, potential coercion of judges to conform to AI suggestions, and ethical issues related to transparency and human rights. To alleviate these hazards, transparency mandates are crucial for enabling judges to comprehend the elements evaluated by AI systems. Stringent data-quality criteria must be established to avert the recurrence of inequitable sentencing practices. Proactive supervision and regulation of AI are essential, accompanied by rigorous legislation overseeing the design and development of algorithms. Consistent auditing, targeted AI training, and instruction for judges and legal practitioners are essential for the proper integration of AI in the criminal justice system..    

Keywords: {'name': 'Artificial Intelligence, Criminal Sentencing, Criminal Law Court, Criminal Justice System, Comparative Perspectives, and Responsive Uses.'}

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Chiji Longinus Ezeji
University of Johannesburg

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