Applying the Presumption of Innocence to Policing with AI

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.