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18 February 2022 / Faras Baloch
Issue: 7967 / Categories: Features , Profession , Criminal , Technology , Artificial intelligence
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Man or machine? AI in criminal cases

Faras Baloch charts the potential role of artificial intelligence in disclosure & privilege review in criminal cases
  • How computers ‘learn’ from humans.
  • The potential complications of large datasets.
  • What we can expect from AI in the future.

Artificial intelligence or ‘AI’ generally describes a computer solving problems in a way that a human might. It encompasses ‘machine learning’ which involves a computer classifying data and learning when it makes mistakes.

Machine learning algorithms have a vast number of applications which include providing personalised recommendations in search engines, identifying unwanted emails through spam filters, and assisting medical practitioners diagnose illness.

Increasingly, lawyers are harnessing this technology to assist in the review of large datasets. In this context, the term ‘machine learning’ is used interchangeably with ‘Technology Assisted Review’ (TAR) and ‘Computer Assisted Review’ (CAR).

How does it work?

It works in a similar way to an email spam filter. The spam filter categorises emails as either ‘spam’ or ‘not spam’ and removes the spam

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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