Responsible AI Governance in Criminal Law

Introduction

Artificial intelligence systems are algorithmic models that carry out cognitive or perpetual functions in the world that were previously reserved for thinking, judging and reasoning human beings. AI is a computer programme that can process information on its own. AI programmes need to be trained with a lot of information and data in order to learn a new action for example, how they can translate languages or predict future trends in climate and health. ?The most common AI systems are CCTV Cameras, facial recognition, Apple’s Siri voice assistant which supports 21 languages, the voice assistant from Google that can understand up to 29 languages, chalbots are taught to impersonate the conversational styles of people through natural language processing.

Using anonymized location data from smartphones, navigation apps can analyze the speed of movement of traffic at any given time and therefore, predict road congestion and suggest the fastest route. Spam filters in your email continuously learn from a variety of signals, such as words in the message, where the spam email has been sent from, who sent it etc. Many social medial apps hack your personal preferences based on what you like and whom you follow. The app analyzes this information to suggest more content that you are likely to engage with, so that you can spend more on the app.

Is there any relationship between AI and Criminal Law?

Use of CCTV in public places

CCTV is the abbreviation for Closed Circuit Television. It is an automated camera placed in public places like streets and parks. CCTVs have had quite a big impact on criminal legal investigations in Kenya and most parts of the world. The most recent was in the solving of the murder of lawyer Willie Kimani, his client Josephat Mwenda and their taxi driver; Joseph Muiruri, whereby motor vehicle number plate recognition data was used. The investigators used to demonstrate the movement and involvement of the accused persons in the murder of the deceased. In the USA & UK video surveillance cameras are also used. In Germany, the attitude is much stricter and they use less CCTVs. In Sweden, the use of CCTVs has increased in the last one decade as a measure to counteract lethal violence committed by gangs and organized crimes. CCTV cameras serve two purposes:

1.?????Identify suspects and crime

2.?????Provide information about criminals, what they have been and what time

??In Kenya the most common uses of AI are:

• Helps in detecting suspicious activities eg. Cyber fraud and terrorist financing, hence prevents crimes
• Helps identify suspects more rapidly through use of DNA eg the cigarettes filters that identified Peter Ngugi to have been in the scene of crime during Willie Kimani’s murder
• Ensures proper public safety
• ?Increased community confidence in law enforcement and criminal justice in general
• Assists in the courts of law through crime solving, forensic investigations such as DNA testing
• AI is also used in predictive justice

What are the considerations to make before allowing the use of CCTV Cameras

In Swedish law, an assessment has to be made by the authorities before they give permission to use the CCTV Camera in public place. Authorities use the reason of prevention, reveal and investigation of crime as the main argument for the use of CCTVs.

Cameras should be a compliment to other means but not the only one. The recording of visual material is normally needed whereas the recording of sounds should be considered particularly privacy sensitive and would therefore need a thorough examination before being used. Generally, the main information is identification of individuals and for this to take place, it is generally needed that identifying features are visible.

How can the use of CCTV Cameras conflict the rule of law

Risks associated with AI Applicability and criminal law

As much as technology has advanced greatly in the 21st era, AI is not yet a mature technology in law enforcement, particularly in criminal justice. Use of AI in criminal justice is meant to fulfil legal principles such as security. However, it also can create fundamental breach human rights infringement by amplifying the already existing prejudices and errors such as right to privacy. This can undermine the efficiency of justice and law enforcement.

Research also show that the use of AI can lead to ascertain group of people being more frequently searched and stopped by law enforcement for the Black and Latino people. There is the risk of uncertainty- when it comes to ethnicity and gender in the interpretation of the information about identification. American research shows that the most advanced AI facial recognition tools make mistakes more often in cases with black Americans than in cases with white Americans. This begs the question, is facial recognition solving crimes or simply invading our privacy?

There is an obvious?risk of unnecessary surveillance in general and also risk of surveillance off exposed areas where criminality is supposed to be more frequent. In the words of American research CCTV Cameras have powerful abilities to gather and analyze information. They monitor automatically, easily inexpensive and surreptitiously in all public places and at all times. This is a necessary reminder of the downside of camera surveillance.

How can AI complement criminal justice?Pros of using AI in solving criminal cases?

?AI in the criminal justice has improved the outcome, cut crime and reduced justice-related delays through investigative assistance. AI can be used as a prevention and prediction tool as well as a crime-solving tool.

AI facial recognition skills can establish the identity and whereabout of an individual, though video and image surveillance. These results to a reduced time-consuming tasks and human error. AI facial recognition assesses clothing, skeletal structure and body movements in order to detect suspicious behavior such as shoplifters and dangerous traffic offenders. It also helps with vehicle identification as AI programs are taught to decipher number programs with poor or low light for example the surveillance of the Toyota Fielder used by Joseph Muiruri the driver in Willie Kimani’s Case.

AI is very helpful in detecting traffic accidents, and online related crimes such as human trafficking, money-laundering, terrorist financing and cyber fraud.

Conclusion

Why do we need a law regulating AI

Although the use of AI in law is meant to fulfil fundamental legal principles and high reduce the margin of error, it can also create negative externalities. This can arise by amplifying pre-existing prejudices and errors, and consequently undermine the efficiency of justice and law enforcement.

In order to avoid discrimination and fundamental human rights infringement, there is need for a high level of accountability, fairness and transparency. Considering the bias and discrimination that minorities face e,g religion, race and sexual orientation the use of AI seems to increase the discrimination. AI needs to be ethical, legal and respecting human rights, values and the rule of law.