AI in Criminal Law: An Overview of AI Applications in Substantive and Procedural Criminal Law

Custers, B.H.M. (2022) 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.

18 Pages Posted: 24 Jan 2023

See all articles by Bart Custers

Bart Custers

Leiden University - Center for Law and Digital Technologies

Date Written: January 20, 2022

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.

Keywords: cyber agent technology, deepfake technologies, evidence-based sanctioning, law enforcement technology, predictive policing, risk taxation instruments

Suggested Citation

Custers, Bart, AI in Criminal Law: An Overview of AI Applications in Substantive and Procedural Criminal Law (January 20, 2022). Custers, B.H.M. (2022) 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., Available at SSRN: https://ssrn.com/abstract=4331759 or http://dx.doi.org/10.2139/ssrn.4331759

Bart Custers (Contact Author)

Leiden University - Center for Law and Digital Technologies ( email )

2300 RA Leiden, NL-2300RA
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
1,498
Abstract Views
3,447
Rank
24,027
PlumX Metrics