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Artificial intelligence in forensic psychiatry: admissibility and relevance before courts

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Abstract

“Technology” and “Criminal law” are usually considered separate subjects. Artificial intelligence in courts has raised questions about criminal procedural law. Investigations and crime perception have changed due to the digital society. Humans have a duty to maintain the law, but the fast digital shift in people's lives is affecting how they do so. Technology and AI are crucial for the criminal justice system (CJS). In the scientific community, methodology, and approaches, AI is defined. It's usually used to describe something that simulates human cognition with a machine. Advances in neuroimaging, AI, and machine learning have led to the development of brain-reading technologies that could be used for lie detection, brain-computer interfaces, and brain mapping in the near future. Politicians, technicians, and lawyers, among others, must collaborate for the good socio-research of society, particularly in the criminal justice system. In this paper, we review and analyse the literature on the use of brain-reading AI for neuroprotection of violence and rearrest to identify opportunities and challenges in the future use of these techniques in the fields of forensic psychiatry and criminal justice, while taking legal implications and ethical concerns into account. More research on AI neuro-prediction techniques is needed, according to the study, to complete the investigation, and it is still important to understand how they might be employed in the field of forensic psychology.

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Acknowledgements

I would like to thank my research supervisor & my co-author Prof. (Dr.) Aqueeda Khan, Professor, Amity Law School, Amity University, Noida, INDIA for being there at every stage of my research and helping me out at each step. The door of her office is always open whenever I ran into a trouble spot or had a question about my research or writing. She consistently allowed this research work to be my own but steered me in the right direction whenever she thought I needed it. Lastly, I am immensely grateful to the Editor of the journal for providing me this oppurtunity, my parents, and specially my friend i.e. Dr. Kavita Mittal, Associate Professor, Computer science, Jagannath University, NCR for helping me understand the technical part of the study and last but not the least my affiliated university for giving me the support and ideas which were helpful in channelizing my thoughts in the best possible manner.

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Correspondence to Reema Bhattacharya.

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Bhattacharya, R., Khan, A. Artificial intelligence in forensic psychiatry: admissibility and relevance before courts. Int J Syst Assur Eng Manag (2023). https://doi.org/10.1007/s13198-023-02111-y

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