Reference : Applying the Presumption of Innocence to Policing with AI
Scientific journals : Article
Law, criminology & political science : Criminal law & procedure
Applying the Presumption of Innocence to Policing with AI
Blount, Kelly mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
International Review of Penal Law
Artificial Intelligence, Big Data and Automated Decision-Making in Criminal Justice
[en] artificial intelligence ; criminal law ; presumption of innocence
[en] This paper argues that predictive policing, which relies upon former arrest records, hinders the
future application of the presumption of innocence. This is established by positing that predictive
policing is comparable to traditional criminal investigations in substance and scope. Police records
generally do not clarify whether former charges result in dismissal or acquittal, or conversely,
conviction. Therefore, police as state actors may unlawfully act in reliance on an individual’s
former arrest record, despite a favourable disposition. Accordingly, it is argued that the presumption of innocence as a fair trial right may be effectively nullified by predictive policing.
Researchers ; Students

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