1. foreword.
In the 21st century, artificial intelligence through the input of a large amount of information, accumulated by the machine to learn a huge amount of information, to assist in processing, calculation and construction of medical, health care, taxation, national security, law and other systems, in fact, artificial intelligence relies on big data information to apply, through consulting collection, collation, construction of a complete, transparent and comprehensive computing database, is engaged in specific purposes or functions of the information integration platform. However, consideration should also be given to maintaining the transparency, security, fairness, correctness and privacy protection of the AI platform.
AI platform or information for all industries in society, all aspects of life are sufficient to play the effect of integrated use and information complete, for the criminal justice system's procedural and physical aspects, are sufficient to provide a complete information platform, but at the same time AI's establishment, but also must not ignore its interaction with the existing legal system may be derived from legal issues and legal disputes, such as: AI means to determine the multiple value of infrastructure (multiple change factors) selection, data collection and the correctness and integrity of the construction process, etc. Taking the criminal procedure law as an example, in the Criminal Justice System of the United States, judges have been assisted in constructing a discussion on the criterion for sentencing standards through big data in criminal trial procedures.
In the case of the U.S. detention or bail system, for example, artificial intelligence may have the following effects, assuming that the defendant appears in court for the first time after his arrest, whether the defendant is at risk of flight or poses a risk to the community or others in the custody bail process (reasons for preventive detention under the U.S. Federal Bail Reform Act), and that AI will issue a report to judge whether there is a possibility of escape or re-offending, based on the defendant's criminal record, arrest records, the crime of transferring, the connection between the defendant and the community and the family, etc. Therefore, the judgment of AI production system provide very valuable reference data to the judgment of the whole criminal procedure .
2. AI, big data in the use of foreign legal system and discussion.
At the current level of the rule of law, the use of AI may have the following advantages and disadvantages, such as removing the bias of the judge or decider, removing the influence of the judge personally (including emotion, character, urgency of the sitting time of the day), speeding up the review process, etc.[1]
In other words, through the above-mentioned hypothetical process and operation, it is sufficient to provide another powerful examination criterion and tool for the application of the decision-making power of criminal justice adjudicators or prosecutors. For example, with regard to the prosecutor's competence, the importance of assisting the prosecutor in determining that, in exercising the decision to prosecute, data are first presented by artificial intelligence as an auxiliary tool to exclude the prosecutor's bias, remove the subjective influence of the prosecutor personally and expedite his judgement process. As for the disadvantages, the basic formula of AI operation and how to generate its variable input and choice , whether the data used by AI is correct, whether the input of AI data is fair and impartial, the deviation and error of the data, etc.
These are the advantages and disadvantages of running AI and big data at the same time. Remind those involved in the criminal justice process of the advantages and disadvantages of AI and big data convenience, speed, debiased and impartiality, and error rates. Despite the coexistence of advantages and disadvantages, foreign research on AI and big data programs and the use of the legal system, is not a start-up research state. For example, AI and law or AI and criminal justice research, in the stage of the integration of the concept of trying to put forward related concepts, such as: AI use in criminal investigation techniques, artificial intelligence and investigative means on the human rights of criminal defendants, big data for privacy violations, artificial intelligence for judges to determine bail and artificial intelligence and judge sentencing and so on.
In the United States, it has indeed been developed to predict the development and application of AI procedures for criminal investigation, AI sentencing procedures for trial judges, and the feasibility of AI use in magistrates' decisions on detention or bail. In the Netherlands, victim support organizations (Dutch Victim Support Organization; DVSO) have established big data databases on damages through closed cases, in particular immaterial damages, which are highly difficult to calculate. With regard to the suspension of prosecution systems with artificial intelligence and assistance to prosecutors in the operation of prosecution discretion, there is currently no literature abroad specifically addressing this part or assisting prosecutors in operating to judge criminal justice.
3. About the future of Taiwan's criminal legal system research direction and trends.
Taiwan's research on artificial intelligence and law is still in its infancy, focusing on artificial intelligence and criminal justice workers, currently focusing on the use of investigative means in the investigation stage, the Taiwan literature section, mainly focusing on the criminal investigation application of artificial intelligence may involve invasion of privacy rights, including communication privacy or information privacy two parts, or analysis of big data analysis of big data analysis to judge drug re-offenders predictive factors and judgments. But there is a lack of research on the overall functioning of artificial intelligence to assist criminal justice.
The discussion of this topic is sufficient to have a beneficial impact on the prosecution, trial, sentencing and even correction system of the criminal justice system as a whole in the future, and to assist in the judgment and exercise of the competence of criminal justice participants in each part of the system. However, the possible shortcomings of AI and big data use can never be ignored, such as impartiality, transparency, correctness, data bias, independent judgment and error of the user. Such potential shortcomings should be used in the provision of AI procedures, together with a warning to the operation of the criminal justice system, so that he maintains independent freedom and judgment space, but also to be alert to the possibility of data errors.
In this century and in the future, AI and criminal procedure research will focus on analyzing the role of artificial intelligence in criminal procedure law, what is helpful to criminal procedure, the construction of artificial intelligence in criminal procedure should pay attention to the legal construction and its supporting measures.
In other words, the purpose of the study and the problems to be solved are the impact of artificial intelligence on the operation of prosecutors in Taiwan's current criminal procedures, the use of sentencing by judges, the determination of detention or bail and the determination of parole by correction systems, and how AI affects the existing criminal justice system, which remains to be further observed and studied. Second, real wisdom should maintain independent judgment in the face of the emergence of artificial intelligence, and criminal justice operatives should not and cannot be forced to use the output of artificial intelligence as the sole basis for judging. Finally, the court should review the fairness, data selectivity and input correctness of AI program operation, so as to maintain the transparency and fairness of AI operation and avoid misjudgment of judicial and wrongful outcomes.
[1] Of course, the article mentions the removal of judge bias, but also may bring about judge bias factors. Stephanie Weber, How Artificial Intelligence is Transforming the Criminal Justice System, ThoughWorks, Jan. 10, 2018, available at https://www.thoughtworks.com/insights/blog/how-artificial-intelligence-transforming-criminal-justice-system; Bryan Lynn, Judges Now Using Artificial Intelligence to Rule on Prisoners, Feb, 7, 2018, available at : https://learningenglish.voanews.com/a/ai-used-by-judges-to-rule-on-prisoners/4236134.html.
[2] Nigel Stobbs, Dan Hunter and Mirko Bagaric, Can Sentencing Be Enhanced by the Use of Artificial Intelligence? available at: https://eprints.qut.edu.au/115410/2/CLJprooffinal25Nov2017.pdf；Arno R. Lodder, Anja Oskamp and Marius J.A. Duker, AI & Criminal Law: Past, Present & Future, 60-61, Jurix (1998).
[3] Arno R. Lodder, Anja Oskamp and Marius J.A. Duker, id, at 63.
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