AI in Law Enforcement and Court Systems: Balancing Accountability with Human Rights

The use of artificial intelligence (AI) in technology, law enforcement, and court systems has raised several questions about accountability and the application of human rights to autonomous intelligences. The challenge lies in determining how the Constitution interacts with these nonhuman entities.

One significant concern is that AI tools have the capacity to conduct extensive searches and produce results that may be difficult or impossible to explain, despite their accuracy. For instance, facial recognition AI can identify a defendant without any human oversight or scrutiny, leading to law enforcement action against an individual. In some cases, these AI systems have resulted in wrongful arrests, rescinded warrants, and increased racial disparities in arrests. However, these AIs cannot be questioned on the stand to explain their decision-making process, making it challenging for law enforcement officers to fully articulate how decisions are made. Clearview AI is an example of such a tool used nearly one million times for facial recognition purposes by U.S. police.

In conclusion, the integration of AI into technology, law enforcement, and court systems presents significant challenges about accountability and the application of human rights to autonomous intelligences. Courts must determine how human rights, duties, and laws should apply to machines in the context of the Constitution while addressing concerns about transparency and oversight of these nonhuman entities’ decision-making processes.