Legal Challenges in Regulating Artificial Intelligence Use in Criminal Justice Systems

Abstract

This study explores the legal complexities and regulatory challenges associated with the deployment of artificial intelligence (AI) within criminal justice systems, employing a qualitative approach grounded in literature review and library research methodology. As AI technologies are increasingly integrated into predictive policing, risk assessments, facial recognition, and sentencing recommendations, concerns have emerged regarding transparency, accountability, bias, and the protection of fundamental rights. These concerns are particularly acute in criminal justice, where decisions directly impact personal liberty and due process. Through a systematic review of scholarly literature, judicial opinions, legal commentaries, and policy documents from 2015 to 2024, this paper identifies critical legal gaps and normative inconsistencies in how jurisdictions govern AI-based decision-making tools. The analysis reveals that existing legal frameworks often lack the precision and adaptability to address algorithmic opacity, data discrimination, and the shifting locus of accountability from human actors to automated systems. The research also finds significant variation in national approaches, with some countries adopting strict ethical guidelines and regulatory oversight, while others remain largely unregulated. This study contributes to the academic and policy discourse by highlighting the urgent need for a coherent and rights-based legal framework to govern AI in criminal justice. It recommends multi-level governance strategies that include international standards, national legislation, and judicial safeguards to ensure fairness, transparency, and accountability. The paper emphasizes the importance of embedding ethical design principles and human oversight into AI technologies used in criminal justice settings.