The growing trend towards artificial Intelligence-based decision-making automation in criminal justice has created many challenges. Such challenges include the tension between our current legal framework, which promotes transparency, and the hidden recommendations generated by such technological-based automated systems. Through the use of proprietary algorithmic and data-driven technologies, such as artificial intelligence (AI), a machine can independently come to decisions with the use of historical data and self-learning algorithms. In the criminal justice system, AI plays a role in analyzing digital evidence as well as recommending sentencing. The algorithms of these systems, however, are inaccessible to defendants. This paper examines the constitutionality of reliance and use of these tools.
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