Imagine a person is arrested for a crime they may or may not have committed based on artificial intelligence (AI). Unable to prove their innocence against the machine, they now languish in prison. It sounds like a bad movie to watch when you’re out of options on your favorite streaming service, but what if this is already happening?
Technology has always fascinated us, especially in how it is portrayed in science fiction. Movies like Back to the Future Part II hinted at future possibilities, with many of those projections becoming a reality today. While flying cars are still elusive (for now), many of the technological advancements forecasted in the late 20th century are now part of everyday life. Among these advancements, AI has moved from a niche concept to a practical tool in numerous fields including criminal justice.
Regulation and oversight will always be a cat-and-mouse game as long as technology continues to outpace the rules meant to govern it.
One pillar of our criminal justice system is transparency, and yet, one of the biggest areas where AI could improve drastically is by offering more transparency. Not only in usage but explaining to the community how the technology will be implemented. It is crucial for communities to understand how the government uses technology to maintain the delicate balance of trust between the people and the state.
When it comes to the usage of AI and emerging technology, there is not much (if any) regulation in most areas in the usage of these products by the government. Artificial intelligence presents the next generation of advancement in law enforcement with AI generated report writing, facial recognition technology, and public safety devices that protect schools through weapons detection and acoustic gunshot detection devices to protect communities.
Requiring law enforcement to report what public facing technology they are using helps ensure transparency, and improves the relationship between the community and the agency. In addition, having an inventory of products used can help policymakers in understanding the need for regulations and guardrails to protect the citizens and their rights from the government. It is vital to bring stakeholders together to find solutions.
In general, crimes will go unsolved and public safety will be at risk if the community is not actively involved every step of the way. When it comes to the usage of these emerging technologies, it remains the same. Communities need to understand how the government is using technology to maintain an already delicate balance of trust between them.
As a former cop, I support using every tool available to protect the public and solve crimes, ultimately reducing the number of victims. But emerging technologies should always be used alongside other evidence to build a case. The insights these tools provide are only as valuable as the humans interpreting them, which is why a “human in the loop” approach is essential. Understanding the limitations to the technology’s current capabilities, undue enhanced value should not be added to evidence simply due to the output from an algorithm.
To ensure emerging technologies succeed responsibly, legislatures nationwide should consider creating case use inventories. By cataloging the technologies in use, these inventories would provide transparency and assist lawmakers with establishing clear, accountable standards for how each tool is applied—safeguarding both public trust and the integrity of law enforcement.