AI Tools in Criminal Justice Lack Transparency, Standards
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AI tools are being used to inform criminal investigations, but there is often no way for defendants to challenge or even know the role AI played.
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Trade secrets laws are creating a "black box" around how these AI tools work, with no standards for use or disclosure.
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Facial recognition AI has shown concerning biases, such as higher error rates for people of color, but is still being used to generate investigative leads.
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Defense attorneys face high barriers to interrogating faulty AI matches, running into issues of necessity, state resistance, and non-disclosure.
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Legislation has been proposed to mandate testing, set standards, and prohibit trade secret claims from blocking interrogation of forensic AI, but has so far lacked momentum.