Anson Evaluate’s Post

I have successfully participated in The National conference on navigation the intersection of artificial intelligence and law :ethical and legal horizons discussing about misuse of AI and it's issues in the criminal justice system of India

27 Jun 2024   What is Wrong With The New Criminal Laws? Explained ft. Indira Jaising | IPC vs BNS   In this video on The Wire's Zeeshan Kaskar delves into the significant changes coming to India's criminal justice system starting July 2024. The Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) will be replaced by the Bharatiya Nyay Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), marking the first major overhaul since the 19th century.   The cases registered before and after 1st July will fall under two different sets of laws, potentially causing confusion and delays in the judicial process. Despite claims of decolonizing the justice system, he highlights that 95% of the new BNSS is essentially a rehashed version of the CrPC.   With insights from renowned lawyer Indira Jaising, Zeeshan breaks down the issue into six key points: the arbitrary nature of passing the law, the reintroduction of the sedition law, the non-mandatory status of FIR registration, the delays in justice amidst old versus new laws, concerns about arbitrary detention and police power abuse, and the myths surrounding digitization and technology.   https://lnkd.in/diZD5wB9

Biased Sentencing Algorithms in the US Judicial System In recent years, there has been growing concern over the use of algorithmic tools in the criminal justice system, particularly in sentencing decisions. One notable case involves the use of a risk assessment algorithm called COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) in the United States. The COMPAS algorithm, developed by a private company called Equivant (formerly Northpointe), is used by judges across the US to assess the likelihood of a defendant committing future crimes. While intended to assist judges in making more informed sentencing decisions, the algorithm has been criticized for its potential bias, particularly against minority defendants. In the age of data-driven decision-making and artificial intelligence (AI) integration, corporations face the challenge of ensuring that their algorithms are fair and unbiased. The case of biased sentencing algorithms in the US judicial system illustrates the complexities and challenges associated with the use of AI in decision-making processes. While algorithms like COMPAS have the potential to assist judges in making more informed decisions, they also raise concerns about fairness, transparency, and bias. Moving forward, policymakers, legal experts, and technologists must work together to ensure that algorithmic tools are used responsibly and ethically in the criminal justice system, with a focus on promoting fairness, equity, and justice for all. Read this research article : https://lnkd.in/gFTQUBY8 #t&f #law #criminaljustice #USA #L&D

Baroness Sue Carr, the Lady Chief Justice gave evidence to the House of Commons Justice Committee on the 26th of November. The discussions involved matters pertaining to civil, criminal, and employment tribunals. Below are particular areas relating to the Criminal Justice System's state and future development which I found noteworthy: 📌 Pause & Release: Magistrate's Sentencing Powers Magistrate's sentencing powers were increased to 12 months from 6 months in May 2022, this was then paused in March 2023 and the pause was released in November 2024. The increase is in hopes to release the burden on the Crown Courts by at least 1950 days. The reversion of the decision and release led to Magistrates needing to be retrained which further complicated processes; not to mention the amount of funding being put into the training. The Lady Chief Justice likened the decisions to being "marched up the hill, and back down again". 📌 Crown Court Efficiency Group The Crown Court Efficiency group (established 2021) has led to successes through cross agency operation and the CJS has seen improvement with prison live links - improved promptness from the police stations to reduce delays. This is an example of satisfying 1 of the 3 goals of the group: reducing ineffective trial rates, improving early guilty rate and pushing for as few case hearings as possible per case. The intention is to integrate Magistrate's into the group and transition into "Criminal Court Efficiency Group". 📌 Failure In HMCTS' Technology A lack of funding has contributed to failures in technology and trailing behind wi the digitisation in court rooms. For example the size, sound quality and brightness of screens in the court room are often a barrier in trials - most especially when pre-recorded evidence is being adduced. The Lady Chief Justice stated the current state of technology simply "won't do". 📌 Trial Transcripts & Artificial Intelligence Transcripts not being provided to victims and the public to allow them to understand why decisions in the court room were made for example. The Lady Chief Justice told the Committee that there is not enough judicial time to enable transcripts to be delivered, taking into account the time needed for a Judge to review and approve each transcript while trying to keep on-top of the heavy case loads. The concept of using Artificial Intelligence to take care of trial transcripts was not opposed and in-fact it was something that has been in consideration but potential barriers to using AI could include GDPR.

Read this interesting article summary on SeraAI: Detention Order Upheld: Did Refusal to Receive Grounds Mean Ignorance? https://lnkd.in/gNKzFZkS #SeraphicAdvisors #SeraAI

The Indian judiciary is grappling with a pressing issue - a staggering backlog of over 40 million cases, leading to delayed justice and eroded public trust. Shortage of judges and procedural inefficiencies further compound this challenge. To address this, comprehensive reforms, technology integration, and robust dispute resolution mechanisms are imperative for timely and effective justice delivery. #JudicialReforms #JusticeSystem #LegalReforms

Study on the scope and detailed analysis on introduction of new Criminal Laws of India 2023 through research papers and technical sessions.

Study on the scope and detailed analysis on introduction of new Criminal Laws of India 2023 through research papers and technical sessions.

Criminality wins and Justice loses when there is Malvestigation(an expression which means fabricated or manipulated investigation) The Criminal Justice System relies on the fair and scientific investigation of the crime, to deliver justice beyond reasonable doubt. However the detrimental state of affairs, where investigations are compromised such as tampering with evidence, or falsely categorising a crime as a suicide, as we are witnessing in the horrific rape and murder case in RG Kar Medical College and Hospital, then the judicial system struggles to deliver justice, consequently making it difficult to secure convictions across all the tiers of Judiciary. Nirbhaya was a case where the investigation was done in an exemplary manner and the accused were convicted across all the three tiers of Judiciary. There are so many brutal assaults and crime which happens to the women of this country but does not see the light of the day, due to Malvestigation which consequently leads to acquittal in many cases. Stricter laws for the safety of women will not do the good, unless and until the investigation of the crime is not done right. The time has already gone where this country needs a segregated criminal investigative units, separate from the regular police force, to facilitate the judicial process. Or is it time for a shift towards a more retributory form of justice system for such Heinous crimes? Thoughts? P.S - Care to comment! #thepragmaticlawyer #law #criminal #crime #investigation #malvestigation #murder #medical #college #doctors #justice #police

𝗢𝗹𝗱 𝗖𝗿𝗶𝗺𝗶𝗻𝗮𝗹 𝗟𝗮𝘄𝘀 𝗩𝘀 𝗡𝗲𝘄 𝗖𝗿𝗶𝗺𝗶𝗻𝗮𝗹 𝗟𝗮𝘄𝘀: 𝗔 𝗡𝗲𝘄 𝗘𝗿𝗮 𝗶𝗻 𝗜𝗻𝗱𝗶𝗮'𝘀 𝗟𝗲𝗴𝗮𝗹 𝗙𝗿𝗮𝗺𝗲𝘄𝗼𝗿𝗸 🚨 India's Criminal Law Revolution: July 2024 🚨 𝗝𝘂𝗹𝘆 𝟭, 𝟮𝟬𝟮𝟰, marks a significant milestone in India's journey towards a more robust and efficient criminal justice system. The new criminal laws, comprising the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), aim to strengthen the legal framework and enhance the safety and security of citizens. 🔹 𝗕𝗵𝗮𝗿𝗮𝘁𝗶𝘆𝗮 𝗡𝘆𝗮𝘆𝗮 𝗦𝗮𝗻𝗵𝗶𝘁𝗮 (𝗕𝗡𝗦): Replaces the Indian Penal Code. Introduces new offenses like mob lynching. Revises punishments, emphasizing community service and modernizing jail terms. 🔹 𝗕𝗵𝗮𝗿𝗮𝘁𝗶𝘆𝗮 𝗡𝗮𝗴𝗮𝗿𝗶𝗸 𝗦𝘂𝗿𝗮𝗸𝘀𝗵𝗮 𝗦𝗮𝗻𝗵𝗶𝘁𝗮 (𝗕𝗡𝗦𝗦): Replaces the Criminal Procedure Code. Streamlines investigations with e-trials and digital evidence handling. Enhances victim and witness protection. 🔹 𝗕𝗵𝗮𝗿𝗮𝘁𝗶𝘆𝗮 𝗦𝗮𝗸𝘀𝗵𝘆𝗮 𝗔𝗱𝗵𝗶𝗻𝗶𝘆𝗮𝗺 (𝗕𝗦𝗔): -Replaces the Indian Evidence Act. -Updates evidence admissibility and relevance, keeping pace with technological advancements. 𝗞𝗲𝘆 𝗛𝗶𝗴𝗵𝗹𝗶𝗴𝗵𝘁𝘀: • 𝗭𝗲𝗿𝗼 𝗙𝗜𝗥: File a complaint at any police station, regardless of jurisdiction. • Online registration of complaints and electronic service of summons. • Mandatory videography of crime scenes for heinous crimes. • Faster judgments and stronger provisions for women and children's safety. • Definition of terrorism expanded to include economic security. • Extremely strict provisions against anti-national activities. • Judges must hold hearings within seven days and conclude trials within 120 days. • Trapping women using fake identities is now a crime. This transition isn't without challenges: • 𝗘𝘅𝘁𝗲𝗻𝘀𝗶𝘃𝗲 𝘁𝗿𝗮𝗶𝗻𝗶𝗻𝗴 𝗳𝗼𝗿 𝗹𝗲𝗴𝗮𝗹 𝗽𝗿𝗼𝗳𝗲𝘀𝘀𝗶𝗼𝗻𝗮𝗹𝘀. • 𝗔𝗱𝗷𝘂𝘀𝘁𝗺𝗲𝗻𝘁𝘀 𝗶𝗻 𝗰𝗼𝘂𝗿𝘁 𝗽𝗿𝗼𝗰𝗲𝗱𝘂𝗿𝗲𝘀. • 𝗗𝗲𝗯𝗮𝘁𝗲𝘀 𝗮𝗿𝗼𝘂𝗻𝗱 𝗰𝗵𝗮𝗻𝗴𝗲𝘀 𝗿𝗲𝗹𝗮𝘁𝗲𝗱 𝘁𝗼 𝘀𝗲𝗱𝗶𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗳𝗿𝗲𝗲𝗱𝗼𝗺 𝗼𝗳 𝗲𝘅𝗽𝗿𝗲𝘀𝘀𝗶𝗼𝗻. #LegalReform #CriminalLaw #India #modernlaw #legalsystem