Article
Kristin Weivoda
Integrating artificial intelligence (AI) into the criminal justice system presents a transformative opportunity to combat racial bias and foster a more equitable legal environment. Despite prevailing skepticism, AI holds the potential to be a powerful tool for change when implemented with deliberate consideration and ethical oversight. By harnessing AI’s analytical capabilities, we can address deep-rooted disparities and promote fairness in sentencing, policing, and parole decisions, instilling hope for a more just future.
This article aims to shift the narrative around AI in justice, emphasizing its crucial role in reducing systemic racial bias rather than perpetuating it. Through thoughtful deployment of AI technologies—backed by rigorous data analysis and continuous oversight—we can challenge existing prejudices and enhance the accuracy of legal decisions. When combined with human expertise and a commitment to justice, AI offers a pathway to more impartial and equitable outcomes, instilling confidence in its potential to reform the criminal justice system.
Historical Context of Racial Bias in Criminal Justice
Racial bias has long plagued the criminal justice system, with its origins deeply intertwined with historical segregation and entrenched discriminatory practices. Understanding this historical context is not just important; it’s urgent for effectively addressing and dismantling contemporary biases. The stark disparities in arrest rates and incarceration figures, which disproportionately affect communities of color, highlight the immediate need for transformative solutions. Current data exposes these systemic inequities and reveals that our existing practices often fail to enhance community safety1.
These revelations underscore a critical imperative: we must reevaluate and reform the criminal justice system to achieve true fairness and justice. The status quo fails to address the root causes of racial bias and does not foster the equitable treatment that all individuals deserve. By embracing innovative approaches and focusing on evidence-based reforms, we can work towards a system that ensures equal protection under the law and genuinely serves the interests of justice. It is time to confront these challenges head-on and implement meaningful changes that reflect our commitment to a just and inclusive society.
Challenges of AI: “Bad Data in, Bad Data Out”
AI can potentially mitigate biases, but there is a significant risk that it might perpetuate existing inequalities. Despite the increasing adoption of AI technologies by law enforcement agencies, it is vital to recognize that simply integrating AI does not effectively address the underlying issues of discrimination and racism in the justice system. The current scrutinized AI systems use flawed data, leading to biased outcomes and reinforcing structural biases rather than eliminating them.
These algorithms rely on flawed data from current criminal convictions and judgments, which are rooted in discrimination and racism. To prevent this, historical data should be utilized only to identify and address biases within the legal context, not to improve the system. New algorithms must be created based on a thorough analysis of historical records, establishing a new best-of-practice in criminal law. The goal is to develop AI that embodies principles of justice and equity rather than perpetuating existing disparities.
Envisioning an Equitable Criminal Justice System with AI
While AI holds significant promise for enhancing judicial decision-making, administrative efficiency, and the operations of legal teams2, its potential extends far beyond these initial applications. To harness AI’s capabilities, we must adopt a broader perspective that envisions AI as a cornerstone of equitable legal application. By deploying AI to ensure that laws are applied uniformly—regardless of an individual’s characteristics— we can transform the justice system into a model of impartiality.
AI can refine the decision-making process, making it more transparent and equitable. For instance, it can analyze vast amounts of data to identify and mitigate patterns of bias in sentencing and other legal determinations. This not only fosters fairness but also helps hold the system accountable for higher standards of justice. By integrating AI comprehensively, we can promote inclusivity, enhance transparency, and ensure that every legal decision is rooted in the case’s merits rather than extraneous factors. Embracing AI in this way paves the path towards a more just and equitable criminal justice system for all.
Transforming Justice: Rethinking Charging and Arraignment
California’s introduction of “Race Blind Charging” guidelines, effective in 2025, marks a significant step toward equitable treatment in the legal process. Under California Penal Code Section 741, prosecution agencies must use redacted reports and criminal histories for initial charging assessments. This approach eliminates racial, demographic, and socioeconomic information from charging decisions, promoting objectivity. Although prosecuting agencies have been granted the discretion to specify the categories of crimes or factual situations to which blind charging will be applicable3. We must do better than this, where blind charging is applied equitably to all. We need to leverage advanced technology to ensure that racial, demographic, and socioeconomic information is removed from all charged cases and that charging recommendations are based on objective data rather than subjective judgment.
Extending impartiality to arraignments could further reduce subjective bias. For example, AI could present case information without revealing the defendant’s physical appearance, akin to the concept of “The Voice,” where participants are judged based on their abilities rather than their appearance, legal issues rather than their appearance, or demographics. Doing this approach would help ensure that decisions are based on the case’s merits, reducing inherent and subjective biases.
The effective utilization of technology presents an opportunity to mitigate bias, uphold fairness, and enhance public trust in the criminal justice system. By implementing AI technology for the objective assessment of charging and arraignment decisions, coupled with the analysis of historical data, we can discern and address biased patterns, thereby promoting consistent and impartial practices. Effective use of technology in this manner can enhance fairness and public trust in the criminal justice system.
Future of Justice: Revolutionizing Sentencing and Parole with Predictive Models
Numerous states are harnessing AI technology to develop risk assessment models and predictive evaluations for sentencing and parole. The need for more transparency in these algorithmic models presents a considerable challenge in evaluating their accuracy, accountability, and compliance with constitutional standards. The tools currently on the market lack transparency and accuracy oversight, perpetuating the inequities. Enhancing and refining these tools is crucial to ensure their precision, transparency, simplicity, fairness, and protection of fundamental liberties4.
We can construct a more equitable and just system by broadening these models, ensuring they meet strict regulatory standards, and creating a fair, equitable justice system for all. It is imperative to meticulously develop these predictive models to prevent the perpetuation of existing biases and have complete transparency and accuracy with these algorithms before implementation into our legal system.
Revolutionizing Reform: AI Fits into the Broader Fight for Justice
AI encapsulates the critical role artificial intelligence can play in advancing justice. Addressing racial bias in the criminal justice system demands a multifaceted approach, where AI serves as a pivotal tool in a broader strategy to dismantle systemic racism. It is not a panacea but a crucial element in a comprehensive reform effort.
To achieve meaningful change, AI must be integrated thoughtfully with an unwavering commitment to addressing the root causes of racial disparities. This involves deploying advanced technology and fostering systemic changes that promote fairness and equity. By reducing biases inherent in AI systems and aligning these technologies with broader reform goals, we pave the way for a more just and equitable society.
True transformation hinges on the synergistic power of innovative technology and robust, systemic efforts. Embracing AI as part of a larger, holistic strategy enables us to drive significant progress and ensure that justice is accessible and fair for all. Together, we can harness this technology to reshape the future of justice and build a more inclusive and equitable system.
References
[1] Vera Institute of Justice. For the Record: Unjust Burden. 2023.
[2] American Bar Association. Artificial Intelligence and Access to Justice.
[3] California Penal Code § 741 (2024). Race-Blind Charging Guidelines.
[4] Brenner, Seth, Alex Chohlas-Wood, and M. Brian Baird, The Age of Surveillance: The Role of Artificial Intelligence in Modern Policing, Harvard Civil Rights-Civil Liberties Law Review, September 2020.
Kristin Weivoda is a dedicated student at Northwestern Pritzker School of Law, pursuing her Master of Science in Law (MSL) degree. With over a decade of experience as the Chief of Emergency Services for the Office of Emergency Services in Yolo County, she has been instrumental in establishing the Yolo County Emergency Medical Services Agency and leading the county’s response to the COVID-19 pandemic. Ms. Weivoda’s unwavering commitment to empowering communities and addressing socioeconomic disparities is matched only by her belief in a holistic approach to leadership that unites all stakeholders in overcoming challenges.
