Bart Custers (Leiden University – Center for Law and Digital Technologies) has posted “AI in Criminal Law: An Overview of AI Applications in Substantive and Procedural Criminal Law” (in: B.H.M. Custers & E. Fosch Villaronga (eds.) Law and Artificial Intelligence, Heidelberg: Springer, p. 205-223.) on SSRN. Here is the abstract:
Both criminals and law enforcement are increasingly making use of the opportunities that AI may offer, opening a whole new chapter in the cat-and-mouse game of committing versus addressing crime. This chapter maps the major developments of AI use in both substantive criminal law and procedural criminal law. In substantive criminal law, A/B optimisation, deepfake technologies, and algorithmic profiling are examined, particularly the way in which these technologies contribute to existing and new types of crime. Also the role of AI in assessing the effectiveness of sanctions and other justice-related programs and practices is examined, particularly risk taxation instruments and evidence-based sanctioning. In procedural criminal law, AI can be used as a law enforcement technology, for instance, for predictive policing or as a cyber agent technology. Also the role of AI in evidence (data analytics after search and seizure, Bayesian statistics, developing scenarios) is examined. Finally, focus areas for further legal research are proposed.