Implications of New Technologies on Criminal Justice System

Matić Bošković, Marina (2020) Implications of New Technologies on Criminal Justice System. Journal of Eastern-European Criminal Law (2). pp. 137-147. ISSN 2360-4964

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Abstract

The crime landscape has changed tremendously in the past years due to advancement in technology. The technological innovations from the end of XX century have transformed nearly every component of the criminal justice system. Technology has become a key component of most criminal activities and enables significant level of flexibility for criminals. Technology also significantly supports law enforcement authorities in prevention, detection, investigation, prosecution and enforcement of criminal sanctions. The author in the paper analysis the key benefits of the new technology for efficiency of the criminal justice system, as well as areas of human rights concern. Special area of concern is use of artificial intelligence and predictive models in the policing, investigation and enforcement of criminal sanctions. Some of the new technology were already part of the European Court of Human Rights jurisprudence and developed standards should be embedded in the legislation. The needed balance between human rights protection and efficiency of criminal investigations could be established through comprehensive assessment of the new technology prior to its adoption by policy makers. In addition, the evaluation system has to be established to monitor application of the new instruments in practice and enable timely review of instruments in case of human rights infringement.

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