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 Data, artificial intelligence (AI), and the criminal justice system Authorities in law enforcement and the criminal justice system are increasingly utilizing AI and automated decision-making (ADM) systems. People are frequently profiled, their actions "predicted," and their risk of certain behaviors, like committing a crime, in the future assessed using these systems. Even though they haven't committed a crime, this can have devastating effects on the people involved, who are portrayed as criminals or considered a risk.


The world of science fiction is no longer the only place predictive policing can be found. Around the world, these systems are utilized by law enforcement. Additionally, real outcomes in the criminal justice system frequently result from predictions, profiles, and risk assessments based on data analysis, AI, and algorithms. Constant surveillance, repeated stops and searches, questioning, fines, and arrests are all examples of these. Sentence, prosecution, and probation decisions may also be significantly influenced by these systems.

Artificial intelligence, algorithms, and big data are increasingly being used by law enforcement agencies to profile individuals and "predict" whether or not they are likely to commit a crime. It has been demonstrated time and time again that predictive policing encourages discrimination and violates fundamental rights, such as the right to a fair trial and the presumption of innocence. As a result, Black people, Roma, and other ethnic minorities are subjected to a disproportionate amount of detention and imprisonment across Europe due to excessive police presence.


A predictive system in Italy, Delia, for instance, uses ethnicity data to profile and "predict" future criminal activity. The Top 600 list in the Netherlands tries to "predict" which young people will commit high-impact crimes. One in three of the "Top 600" are of Moroccan descent, and many of them have reported being followed and harassed by police.

This injustice can only be stopped by a complete ban. We have been advocating for a ban in the Artificial Intelligence Act (AI Act) of the European Union. Predictive policing of individuals and places must be included in this ban because they are both harmful.


Our AI campaign in Europe The EU is working on the AI Act, which will regulate the use of AI. However, the proposed law does not go far enough. The EU must become a leading standard-setter as more nations implement AI and ADM in criminal justice.


The use of AI and ADM systems for predictive, profiling, and risk assessment in law enforcement and criminal justice must be outlawed by the EU. All other uses require strict security measures.


EU political leaders are beginning to recognize the harms caused by these systems and support our call for their prohibition as a result of our campaign. Predictive policing against individuals—but not areas or locations—should be prohibited by the two committees in charge of the AI Act for the European Parliament. Check out our reply to their report.


In our report, "Automating Injustice," we show how this technology is already being used in Europe and the bad effects it has had.


Council of Europe The Council of Europe is developing a new legal framework for the use of AI in order to produce a future convention that will be legally binding.


The board of trustees chipping away at the structure has our Robotizing Unfairness report. We will advocate for the framework's protection of people and their fundamental rights and continue to follow its development.

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