Open Access10.34632/CATOLICALAWREVIEW.2020.9548
Forfeiting legal protections to prevent crime
Kelly Blount
- 20 Nov 2020
- Vol. 4, Iss: 3, pp 51-82
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TL;DR: In this paper, the authors assess the role that AI has played in strengthening the mandate for crime prevention and advocate the expanding and strengthening of the legal protections afforded to criminal suspects in preventative investigations.
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Abstract: In many ways, policing is a noteworthy feature of the field of criminal law. Its diverse mandate includes ensuring public order, and preventing and investigating crime. Though these roles have been traditionally managed as distinct functions, as prevention subsumes the others they are becoming more closely aligned in practice. This contribution will assess the role that AI has played in strengthening the mandate for crime prevention. It will argue that AI has been a critical tool in advancing crime prevention, but its use has outpaced legal processes and individuals may face violations of their legal interests in a legal framework ill-equipped for countering robust crime prevention measures. The article will ultimately advocate the expanding and strengthening of the legal protections afforded to criminal suspects in preventative investigations, while also addressing the way in which AI alters the enforcement of legal standards.
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