Criminal law enforcement through AI

Serena Quattrocolo

Chapter Chapter 17 in Research Handbook on the Law of Artificial Intelligence, 2025, pp 349-372 from Edward Elgar Publishing

Abstract: This chapter provides an overview of the main areas of interaction between criminal law and artificial intelligence. All around the world, law enforcement agencies (LEAs), prosecutors and judges have recently resorted to digital tools, incorporating AI, with the purpose of achieving more effective and accurate results in the performance of their duties, during both investigation and trials. The default opacity of software (usually depending on the fact that classification decisions are rarely accessible and understandable by recipients of software outputs) (Jenna Burrel, How the Machine ‘Thinks’: Understanding opacity in machine learning algorithms, Big Data & Society (2016) 3(1)), challenges, however, the protection of some fundamental rights which are at stake in criminal proceedings. The discussion about this crucial topic has been fostered by the recent agreement on the Regulation of AI (AI Act), at the EU level, triggering a larger debate on a global scale. The Regulation spots the light on the use of AI for (criminal) law enforcement purposes, either to classify the tools used in the criminal law field as prohibited AI, high-risk AI systems, or to establish exceptions to the general rule on prohibited uses of AI expressly for law enforcement purposes.

Keywords: AI Act; Criminal law enforcement; Law Enforcement Agency; Fundamental right; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316489
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