How AI in the Justice System Poses Risks to Human Rights and Civil Liberties

AI in the Justice System: Threats to Human Rights and Civil Liberties

The House of Lords Justice and Home Affairs Committee has indicated that the increasing use of AI in the justice sector poses risks to human rights and civil liberties. A report released by the committee underscores the swift advancements in AI, which often occur behind closed doors. Alarmingly, there seems to be an emphasis on hastily implementing this technology without adequate consideration of its potential adverse effects.

Baroness Hamwee, Chair of the Justice and Home Affairs Committee, stated, “We are concerned that these new tools are being deployed without critically evaluating whether they lead to justified outcomes. Is ‘the computer’ infallible? Although it involves different technology, we should recall what transpired to numerous Post Office managers. The government must take decisive action.” She emphasized the need for legislation to establish fundamental principles, ensuring more comprehensive regulation. A quality certification system, akin to a ‘kitemark,’ along with a registry of algorithms employed in relevant applications, would enhance confidence among users and the public.

While the potential benefits of AI in the judicial system are acknowledged, Baroness Hamwee warned that such advantages should not come at the cost of sufficient oversight. “Humans must remain as the ultimate decision-makers, equipped to question and challenge the tools they utilize,” she added.

The rise of Explainable AI (XAI) is becoming increasingly relevant in addressing issues where individuals do not fully comprehend how AI systems arrive at specific recommendations. Ensuring that informed humans make the final decisions would build trust in the technology, facilitate accountability, and reduce errors. “What would it feel like to be convicted based on an AI system you cannot understand or contest?” reflects Baroness Hamwee.

Without rigorous safeguards, advanced technologies might compromise human rights, undermine trial fairness, amplify inequalities, and weaken the rule of law. The report advocates for the tools used to be appropriately designed and regulated, rather than being deployed unchecked.

Alongside establishing clear accountability within the justice sector, the report calls for improvements in governance. It highlights the presence of over 30 public entities involved in managing new technologies within legal applications. Clearly defined responsibilities are essential to avoid ambiguity and overlap in functions.

Furthermore, societal biases can be exacerbated by the data fed into algorithms that inform critical decisions—ranging from loan approvals to arrests. In the U.S., the Algorithmic Accountability Act has been reintroduced, holding tech companies responsible for biases in their algorithms. Senator Ron Wyden remarked, “If someone denies you a rental based on your skin color, that constitutes illegal discrimination. Similarly, flawed software that leads to biased decisions is equally unacceptable.”

This legislation aims to shed light on opaque algorithms that influence significant life decisions, advocating for transparency and accountability to empower consumers and provide policymakers with necessary insights for establishing regulations on these vital systems.

The dangers of AI-powered facial recognition systems are evident, with instances of wrongful arrests among marginalized communities. For instance, Robert Williams was mistakenly arrested at his home in front of his family. “The risks posed by facial recognition technology are not mere hypotheticals; numerous studies and real-world incidents have revealed its threats,” stated Kate Ruane, Senior Legislative Counsel for the ACLU, after the reintroduction of the Facial Recognition and Biometric Technology Moratorium Act. She emphasized the alarming inaccuracies of this technology, particularly concerning people of color, which have led to wrongful detentions.

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