Full Description
This open access book establishes, analyses and systemises the challenges that AI evidence poses to fundamental rights and principles of criminal procedure, as well as the rule of law.
Taking a four-part approach, distinguished experts contribute chapters on the six examined countries (Germany, Luxembourg, the Netherlands, France, England and Wales, and the US) that provide the basis for the comparative analysis and the development of concrete policy proposals.
Part one provides a comparative overview of the challenges of using AI evidence in court, highlighting the gaps in the current regulatory frameworks that cannot be easily closed by the traditional doctrine of criminal proceedings. Part two offers insights from data protection law, ICT law and human rights law that will shape the future regulation of AI evidence in criminal courts. Part three addresses complex issues related to the use of AI evidence and ensuring its admissibility by the courts. Lastly, part four proposes policies to rectify or mitigate the above established deficiencies in the current legal framework.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Luxembourg.
Contents
Part I: Comparative and European Perspectives
1. Unpacking AI Evidence and (Re-)Defining Procedural Safeguards in Digital Investigations, Katalin Ligeti
2. European Approaches to AI-Generated Evidence in Criminal Proceedings, Sabine Gless
3. Evidence Law, Data Protection Standards and the Use of AI for Investigation and Prosecution, Paul De Hert, Andreas Kanakakis and Juraj Sajfert
Part II: National Approaches
4. AI-Tainted and AI-Generated Evidence in the German Criminal Process, Dominik Brodowski
5. AI Output as a Lead to Evidence in the French Criminal Justice System, Juliette Lelieur
6. AI Evidence in Luxembourgish Criminal Proceedings: Between Freedom of Proof and Technical Neutrality, Nicole Visco Comandini
7. Algorithmic Criminal Procedure in the Netherlands, Pieter Liefrink, Rick Robroek and Tess Veldhoven
8. AI and Criminal Justice in the United States, Brandon L Garrett
9. AI Evidence in Criminal Proceedings in England and Wales : Issues and Challenges, Rudi Fortson KC, Valsamis Mitsilegas and Clementina Salvi
