The Problem of Using Artificial Intelligence in Criminal Justice

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.