{"title":"The Problem of Using Artificial Intelligence in Criminal Justice","authors":"Ekaterina Ryabtseva","doi":"10.17150/2500-1442.2023.17(1).73-80","DOIUrl":null,"url":null,"abstract":"The problem of matching the possibilities and consequences of using artificial intelligence to the purpose of criminal proceedings and its principles is one of the key issues of the modern information society. The aim of the work is to substantiate the use of artificial intelligence in criminal justice. To achieve this goal, the following tasks were solved: the essence of artificial intelligence was determined and its difference from the informatization of justice was shown; the experience of foreign countries regarding the use of artificial intelligence in justice was analyzed; international principles and norms of law governing the use of artificial intelligence in litigation were considered; the forms of using artificial intelligence in the consideration and resolution of a criminal case were analyzed. On the basis of the study, it was concluded that artificial intelligence cannot pass legal, reasonable and fair sentences due to its lack of legal consciousness, which is formed under the influence of various factors (objective, subjective, psychological, legal, logical, socio-historical, and others) that make it possible to come to a decision not through using an algorithm, but by assessing the totality of circumstances with their specific features in each criminal case. At present, it is possible to talk about the assistance of artificial intelligence to justice, but not about replacing traditional justice with it. Any intellectual system is the result of the accumulation of all available knowledge in a certain area, it is possible to promote artificial intelligence in criminal proceedings through the introduction of expert systems. The use of artificial intelligence as an auxiliary tool in the administration of justice is justified for some procedural actions in the court inquiry; in making resolutions, including for drafting court resolutions that have no legal force, but contribute to the administration of justice; for predicting court decisions, etc.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"4 1","pages":"0"},"PeriodicalIF":0.1000,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian Journal of Criminology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17150/2500-1442.2023.17(1).73-80","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
The problem of matching the possibilities and consequences of using artificial intelligence to the purpose of criminal proceedings and its principles is one of the key issues of the modern information society. The aim of the work is to substantiate the use of artificial intelligence in criminal justice. To achieve this goal, the following tasks were solved: the essence of artificial intelligence was determined and its difference from the informatization of justice was shown; the experience of foreign countries regarding the use of artificial intelligence in justice was analyzed; international principles and norms of law governing the use of artificial intelligence in litigation were considered; the forms of using artificial intelligence in the consideration and resolution of a criminal case were analyzed. On the basis of the study, it was concluded that artificial intelligence cannot pass legal, reasonable and fair sentences due to its lack of legal consciousness, which is formed under the influence of various factors (objective, subjective, psychological, legal, logical, socio-historical, and others) that make it possible to come to a decision not through using an algorithm, but by assessing the totality of circumstances with their specific features in each criminal case. At present, it is possible to talk about the assistance of artificial intelligence to justice, but not about replacing traditional justice with it. Any intellectual system is the result of the accumulation of all available knowledge in a certain area, it is possible to promote artificial intelligence in criminal proceedings through the introduction of expert systems. The use of artificial intelligence as an auxiliary tool in the administration of justice is justified for some procedural actions in the court inquiry; in making resolutions, including for drafting court resolutions that have no legal force, but contribute to the administration of justice; for predicting court decisions, etc.
期刊介绍：
Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.
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