Criminal justice, artificial intelligence systems, and human rights

Publication Type:

Journal Article


ERA Forum, The Author(s), Volume 20, Number 4, p.567–583 (2020)





Algorithms, artificial intelligence, automation, Criminal justice, Fair trial, Human rights


The automation brought about by big data analytics, machine learning and artificial intelligence systems challenges us to reconsider fundamental questions of criminal justice. The article outlines the automation which has taken place in the criminal justice domain and answers the question of what is being automated and who is being replaced thereby. It then analyses encounters between artificial intelligence systems and the law, by considering case law and by analysing some of the human rights affected. The article concludes by offering some thoughts on proposed solutions for remedying the risks posed by artificial intelligence systems in the criminal justice domain.