Article (Scientific journals)
Seeking Compatibility in Preventing Crime with Artificial Intelligence and Ensuring a Fair Trial
Blount, Kelly
2021In Masaryk University Journal of Law and Technology, 15 (1), p. 25-51
Peer reviewed


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Keywords :
artificial intelligence; fair trial; European Convention on Human Rights
Abstract :
[en] The justice system is increasingly reliant on new technologies such as artificial intelligence (AI). In the field of criminal law this also extends to the methods utilized by police for preventing crime. Though policing is not explicitly covered by Article 6 of the European Convention of Human Rights, this article will demonstrate that there can be adverse effects of policing on fair trial rights and make the analogy to criminal investigations as a recognized pre-trial process. Specifically, it will argue that policing that relies on AI to predict crime has direct effects on fair trial processes such as the equality of arms, the presumption of innocence, and the right to confront the evidence produced against a defendant. It will conclude by challenging the notion that AI is always an appropriate tool for legal processes.
Precision for document type :
Analysis of case law/Statutory reports
Disciplines :
Criminal law & procedure
Author, co-author :
Blount, Kelly ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
External co-authors :
Language :
Title :
Seeking Compatibility in Preventing Crime with Artificial Intelligence and Ensuring a Fair Trial
Publication date :
30 June 2021
Journal title :
Masaryk University Journal of Law and Technology
Publisher :
Faculty of Law, Masaryk University, Brno, Czechia
Volume :
Issue :
Pages :
Peer reviewed :
Peer reviewed
Focus Area :
Law / European Law
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since 08 July 2021


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