The Admissibility of Forensic Evidence Derived Through Artificial Intelligence – A Comparative Study
DOI:
https://doi.org/10.66026/armzmf27Keywords:
Artificial intelligence, legal safeguards, digital forensics, Iraqi criminal justice, criminal legislation and judiciary.Abstract
The modern world has witnessed significant advancements in digital technology, particularly artificial intelligence (AI) technologies, which are playing an increasingly vital role in numerous fields, most notably criminal law. These technologies have contributed to the development of modern methods for analyzing data and extracting information related to crimes, leading to the emergence of a new type of forensic evidence obtained or analyzed by AI systems. With the increasing reliance on these technologies in criminal investigations, several legal issues have arisen concerning the admissibility of AI-derived forensic evidence and its reliability in criminal proceedings. This research aims to examine the admissibility of forensic evidence obtained through AI technologies in criminal proceedings by analyzing the conceptual framework of such evidence and its legal nature, as well as examining the positions of comparative legislation on its use in criminal investigation and evidence. The research also seeks to identify the legal safeguards that must be in place when using these technologies for evidence collection and analysis, ensuring a balance between leveraging technological advancements and protecting individual rights and guarantees of a fair trial. The research employs a descriptive-analytical approach, examining the legal concepts related to AI and the forensic evidence it generates. The research also addressed the role of the judiciary in assessing the admissibility of this evidence and the extent to which it can be relied upon in forming a judicial conviction. Furthermore, the research emphasized the need for legislative intervention to establish a clear legal framework regulating the use of artificial intelligence technologies in the criminal field and defining the conditions for relying on evidence obtained through these technologies, thereby contributing to the achievement of criminal justice and keeping pace with modern technological advancements .By the competent judge expanding his authority when directing the criminal case and. all that is related to it in terms of material and moral evidence, This is coupled with the proper application of the applicable law to reach a just verdict. This is achieved when the judge is convinced of the plaintiffs' claims or the defendants defenses .It may be derived from artificial intelligence technologies , about which legal experts in our country know very little in terms of its manufacture , use or how it can be directed in a specific way to produce predetermined results .
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