ARTIFICIAL INTELLIGENCE AND MOTIVES OF MURDER BASED PREDICTION IN INDIA

Abstract

This paper presents a growing autonomy of AI decision-making raises questions about an individual's accountability (mens rea) in relation to criminal conduct (actus reus). Automated Decision Making refers to the use of artificial intelligence and related technologies to assist or replace human decision-making in the criminal justice system. AI is already in practice to assist with tasks such as predicting recidivism, identifying suspects, or determining sentences.  The famous Loomis v. Wisconsin case , in which the court rejected the appeal against the decision supported by the COMPAS but also cautioned about the risks of using such algorithms and their transparency, questioned the use of the COMPAS algorithm in calculating the risk of reoffending in US courts. Later, ProPublica published a study  demonstrating the algorithm's prejudice towards persons of colour.