تأثیرات به کارگیری فناوری هوش مصنوعی در فرایند کیفری (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
از شاخصه های بشر امروزی بسط فناوری و استفاده از آن در امور مختلف مانند امور روزمره است؛ البته استفاده از فناوری محدود به بعد فردی نمی شود و علاوه بر زندگی فردی، به حوزه های کلان نیز کشیده شده و در زمینه های مختلف، از شاخه های گوناگون فناوری استفاده می شود؛ مانند استفاده از فناوری رباتیک برای جراحی در علم پزشکی. یکی از فناوری هایی که به سرعت درحال پیشرفت بوده و توجه کشورهای مختلف را به خود جلب کرده است، فناوری هوش مصنوعی است. درحال حاضر، از فناوری هوش مصنوعی در حوزه های مختلف علمی مانند علوم مهندسی استفاده می شود و همین امر محققان را به پژوهش درباره مزایای استفاده از آن ترغیب کرده است. در برخی کشورهای پیشرفته، این فناوری به حوزه علم حقوق نیز راه یافته و از آن در رسیدگی های قضایی نیز استفاده شده است؛ اما در کشور ایران، با توجه به نوپدید بودن این فناوری، پژوهش های کمی درخصوص تأثیرات هوش مصنوعی صورت گرفته و به تأثیرات آن در فرایند کیفری توجه نشده است. از همین رو، پژوهش حاضر، که به روش توصیفی تحلیلی است، به تأثیرات استفاده از هوش مصنوعی در طول فرایند کیفری پرداخته است. نتایج نشان می دهد که دخالت هوش مصنوعی در تمامی مراحل فرایند کیفری و با انجام اعمالی نظیر کمک به تصمیم گیری قضات، تحلیل داده ها و شواهد و تشخیص الگوها و پیش بینی رفتار جنایی مؤثر واقع شده و تأثیر بسزایی در تسهیل و افزایش سرعت کشف جرم، تحقیقات مقدماتی و رسیدگی کیفری و همچنین نقش مثبتی در قضازدایی و کاهش هزینه های رسیدگی دارد.Effects of Using Artificial Itelligence Technology in the Criminal Process
Nowadays, the use of technology is not limited to the individual dimension, and in addition to the individual life, it has also been extended to macro areas, and various branches of technology are used in different fields, such as the use of robotic technology for surgery in medical science. One of the rapidly developing technologies that has attracted the attention of different countries is artificial intelligence technology, and it is currently used in various scientific fields such as engineering sciences, and it prompts researchers to research the benefits of using technology. Artificial intelligence has encouraged. In some advanced countries, this technology has found its way into the field of law and it is also used in judicial proceedings, but in Iran due to the fact that this technology is almost new, little research has been done on the effects of artificial intelligence. It has not been considered in the criminal process. Therefore, the following research, which is a descriptive-analytical method, deals with the effects of using artificial intelligence during the criminal process, and the results show that the involvement of artificial intelligence in all stages of the criminal process and by performing actions such as helping judges to make decisions, analyzing data and evidence and Recognizing patterns and predicting criminal behavior can be effective and plays a significant role in facilitating and increasing the speed of crime detection, preliminary investigations and criminal proceedings; It can also play a positive role in de-judgment and reducing processing costs.
Keywords: Judicial Data Processing, Judicial Technology, Criminal Process, Electronic Judgment, Artificial Intelligence
1. Introduction
Today, human progress in various areas of life is mainly based on the use of new technologies; this expansion is so extensive that in addition to individual and personal life, it has extended to macro-social areas, including governance, so that smart governance is spoken of. There are different definitions of smart governance, but what is common in all definitions is the use of up-to-date technologies for governance and conducting affairs. In line with the functioning of a smart government, most people also agree that the use of up-to-date information and technology based on algorithms is essential. Algorithms use a huge amount of micro and macro data to influence people's decision-making in a wide range of their tasks and to help them at critical moments. For this, various up-to-date technologies can be used, and one of these technologies is the emerging technology of artificial intelligence. In his research entitled “Government of Artificial Intelligence,” Kelnar considers technologies that benefit from artificial intelligence to be very important because they contain human abilities such as understanding, reasoning, and planning. Kelnar considers the greatest advantage of technologies that benefit from artificial intelligence to be their low cost of use while being very accurate (Kelnar, 2019, p. 21). In this regard, one of the emerging technologies that has received a lot of attention today and can process and use algorithms to analyze data is artificial intelligence, which many governments and experts in various sciences have focused on. It is difficult to provide a single definition of artificial intelligence. However, this technology can be referred to as a system that displays intelligent behavior by analyzing data and taking various measures while maintaining a degree of independence from itself. This developing technology has dominated various fields of science and professions, including the legal profession. Lawyers have also suddenly faced the fact that the field of law may be significantly affected by this technology, to the extent that some today speak of “robotic justice” and countries are gradually using this technology in their judicial systems (Manning, 2022, p.1). Today, due to the complexity and scientific and technical inability of artificial intelligence technology and the its unavailability of it for many countries, its use in the legal and judicial fields has become impossible or neglected, and this has had an impact on the quality and quantity of research. However, the following is a part of the research that has been conducted that has addressed some of the benefits of artificial intelligence: Andersen, in his research entitled “Human Rights in the Age of Artificial Intelligence,” has explained some of the issues related to artificial intelligence and its challenges. He believes that policymaking on the subject of artificial intelligence reduces the harms of this technology in violating human rights. However, he has not mentioned anything in his research about achieving the goal of a fair trial (Andersen, 2018, p. 11). Burri, in his research entitled “Artificial Intelligence and International Law”, believes that the rules of humanitarian law can control artificial intelligence when it is used in automatic weapons, but he has referred the issue to regional and international legal, criminal, human rights and international courts regarding issues such as the function of artificial intelligence in the judicial process, but he has not provided any solution for the exploitation and use of artificial intelligence in the judicial process despite believing in it (Burri, 2017, p.107-108). As mentioned, the science of law may also be affected by this technology and in the future, we will witness the use of artificial intelligence in the judicial system, however, not much research has been done regarding the use of artificial intelligence and its effects in the judicial system. In this regard, the following research attempts to explain the capabilities of artificial intelligence technology in the criminal process and answer the question of how effective the use of artificial intelligence can be during a criminal process.
2. Methodology
The research was conducted using a descriptive-analytical method and using library resources such as books and scientific articles .
3. Results and Discussion
The findings of the research show that artificial intelligence technology can be used in two stages: pre-trial and trial and execution of the sentence in a criminal process. The use of artificial intelligence in the pre-trial stage includes various cases. For example, artificial intelligence can be used to predict the commission of a crime or the detection of a crime. So that the police based on artificial intelligence, have the ability to analyze the data around them and, if a crime is likely to occur, have the ability to predict and prevent it or detect the crime more quickly. Another use of artificial intelligence in the pre-trial stage is the use of artificial intelligence for criminal prosecution. One of the applications that can be imagined for artificial intelligence technology is its use for criminal prosecution, because the ability of artificial intelligence in data mining, machine learning, deep learning and even robotics can analyze and analyze data from all cases, crimes and criminals, analyze and classify input data from cameras and control and surveillance systems, identify areas of risk and probability of crime and the behavior of suspects and criminals. Also, intelligent systems have the ability to evaluate the accuracy and validity of the statements of the plaintiff, witnesses and accused to analyze unconscious movements, behavioral reactions and eye and personality and evaluate the accuracy of the plaintiff's complaint or the defendant's defense. Another application of artificial intelligence in the pre-trial stage is the use of this technology for preliminary investigations. In the preliminary investigation and evidence citation stage, digital evidence such as recorded audio or videos is used as the basis for analysis, which has its own efficiency. This type of AI can help in research to analyze data more quickly and answer questions. However, it is important to note that human knowledge and experience will still be needed to interpret and present the final result. Another application of AI in the pre-trial stage is the use of this technology for reconciliation and mediation. AI advice may be useful for the parties. In addition to searching for relevant facts, AI provides an answer to a solution. The parties now have the option to accept or reject the advice. This advisory position may prevent disputes or legal actions by supporting people in solving most of their problems. If AI advice is insufficient for reconciliation, the parties can go to the judicial authorities. This technology is also useful in the trial and enforcement phase. For example, this technology can act as an advisor to the judge and help the judge make better decisions by providing suggestions. In addition, AI has the ability to replace judges in some simple cases. Artificial intelligence can also be used in the execution phase and the identification of offenders. Sentencing decisions may be (partially) automated, especially for minor offenses. Based on police records, this type of system automatically provides private information and the offender's personal history and a description of the circumstances. The algorithm then creates the order on its own and, if necessary, suggests a specific punishment.
4. Conclusions and Future Research
Traditional software algorithms that help humans are limited to predefined features such as eye shape, eye color, and eye distance for face recognition or demographic information for pattern analysis. AI video and image algorithms not only learn complex tasks, but also develop and determine their own complex independent facial recognition features/parameters to perform these tasks, beyond what humans might consider. A specific AI application such as facial recognition can be found everywhere in the public and private sectors. Reviewing a huge volume of potentially relevant images and videos in an accurate and timely manner is a time-consuming and laborious task, and there is a possibility of human error due to fatigue and other factors. Unlike humans, machines do not get tired, so using artificial intelligence, it is possible to review a large number of images and videos without interruption. In addition, artificial intelligence can review a lot of data in a matter of seconds, so it can help judicial officers or judicial authorities when reviewing cases or questioning people involved in criminal matters. Therefore, the use of artificial intelligence in the criminal justice process, such as deploying artificial intelligence in prosecutors and criminal courts or even police stations, can increase efficiency. In the contemporary world, as society becomes more complex and citizens are involved in criminal matters as criminals and victims or even informants, the demand for justice has grown. In fact, justice is expensive, the time spent on resolving cases is long, and the workload of judges is increasing. However, many simple cases are similar (if not identical), repetitive, and with predictable results. Using artificial intelligence to automate manual human processes in these cases can simplify decisions, reduce litigation volume, and ultimately lead to reduced costs.
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