Seeking Compatibility in Preventing Crime with Artificial Intelligence and Ensuring a Fair Trial

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.