AI and Criminal Procedure Rights: A Response to the National Institute of Justice Request for Input
Brandon L. Garrett, Alicia Carriquiry, Karen Kafadar, Robin Mejia, Cynthia Rudin, Nicholas Scurich, and Hal Stern wrote this memo in response to NIJ’s request for public input regarding the response to Executive Order 14110, regarding the use of artificial intelligence (AI) in the criminal justice system. They wrote that in high-risk settings like the criminal justice system, AI models and underlying data must be adequately, transparently, and independently tested and that it must be interpretable. They wrote that far more can and should be done to apply and robustly protect the existing Bill of Rights in the U.S. Constitution as it should apply to uses by government of AI in the criminal system, particularly when AI is used to provide evidence in investigations and trials.