Application of artificial intelligence in motivating court decisions in criminal proceedings: international experience and prospects for Ukraine
DOI:
https://doi.org/10.15587/2523-4153.2024.301533Keywords:
court decision, artificial intelligence, motivation, reasonableness, justice, criminalprocedure, evidence, evidenceassessment, fairtrialAbstract
The article is devoted to the study of the opportunities and challenges of using artificial intelligence in criminal proceedings, namely, in the course of reasoning court decisions. The use of specialized knowledge by a judge is an important aspect in this process, especially in the context of analyzin gevidence and its legal assessment. The use of artificial intelligence in this area can be an important innovation to improve the quality of court decisions and ensure greater objectivity in justice. Artificial intelligence technologies are developing rapidly, and their potential application in criminal proceedings has become a subject of deep interest among both the scientific community and legal professionals.
Based on the analysis of artificial intelligence systems, which are already used in judicial proceedings (the HART system in the United Kingdom, the Bail Assistant program in Australia, the Supreme Court Portal for Promoting Court Efficiency (SUPACE) in India, artificial intelligence systems in Brazil, Saudi Arabia, and the United Arab Emirates), the author has established that the use of artificial intelligence provides a number of useful tools and advantages in evaluating evidence and reasoning a court decision. Thus, it has been determined that the analysis of large amounts of data can help identify patterns and trends in law enforcement, and certain software can influence the prediction of risks and the identification of effective strategies for responding to them.
In addition, the author identifies a number of serious challenges and risks, associated with the use of artificial intelligence technologies in criminal proceedings: protection of personal data, transparency and clarity of artificial intelligence algorithms, etc. According to the study, it is established that the use of artificial intelligence in the process of reasoning court decisions is possible subject to the development and implementation of effective legal mechanisms, which will allow coordinating and regulating this process. Also, the implementation of relevant changes to the criminal justice system of Ukraine should be carried out with a balanced and scientifically sound approach that allows weighing the potential risks and benefits and developing recommendations for the proper practical and ethical use of artificial intelligence technologies
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