American criminal law has seen an incredible consolidation of power in the hands of the prosecutors over the last five decades. With a conviction rate of 97%, the time-worn adage of “indicting a ham sandwich” has become, “in the US, you can convict a ham sandwich.”
At that point, the fundamental pillars of the social contract which binds the government to the people are being shaken. Americans do not trust the legal system, they do not trust the judicial branch, they do not trust the courts, they do not trust prosecutors. They don’t trust them because the system seems, and is, unfair.
Bipartisan efforts at criminal justice reform have done little to remedy the problem. Once a defendant is in the crosshairs of a prosecutor, there is little they can do to ensure that their rights are upheld. They cannot ensure that they are afford the presumption of innocence which is the cornerstone of constitutional rights.
If we can’t fix it through legislation then how? If we can’t fix it through advocacy then how? If we can’t fix it through education then how?
It is time for the latest innovations in artificial intelligence to be put towards social ends. Instead of being the harbinger of a techno-dystopia, AI should be utilized to improve society. Instead of replacing valuable work, it should be used to maximize existing humanitarian or social justice resources.
The Federal government and Federal defense attorneys should adopt AI to help them protect defendants. It is the only path forward to a system that is criminal justice instead of criminally unjust.
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