Abstract
The proliferation of technology has resulted in an increased reliance of individuals on technological devices. The world is progressively being automated using Artificial Intelligence (AI) systems that are implemented to achieve specific objectives. Automation is now an important part of people’s lives, and it could heavily change the criminal justice system. This article looks at the use of AI in criminal sentencing in India, arguing that AI-based sentencing can reduce sentencing disparity, either if it is subject to a human element or it is fed with ample data that no case-fact is left out. The paper argues that since AI produces results based on the data it is fed, removing the “human” component from sentencing would be double-edged sword. The article delves into the potential challenges and concerns, such as algorithmic bias, opacity and accountability, proposing safeguards that can help in responsible and equitable implementation of AI in criminal sentencing. The article asserts that sentencing uniformity can be achieved by AI, which can bring about a suggestive sentencing score to be looked up to by the judge, instead of the judge enjoying blatant discretion, however, the risks associated with AI must be mitigated.
Recommended Citation
Hassan, Tasnimul Md
(2024)
“The Perils and Promises of Artificial Intelligence in Criminal Sentencing,”
Indian Journal of Law and Technology: Vol. 19:
Iss.
2, Article 1.
DOI: 10.55496/UDOW1140
Available at:
https://repository.nls.ac.in/ijlt/vol19/iss2/1
Digital Object Identifier (DOI)
10.55496/UDOW1140
COinS