The authority of Jordanian criminal judge in evaluating evidence derived from artificial intelligence systems

Abstract

The study aims to demonstrate the discretionary authority of the judge in the process of proof through artificial intelligence systems, and to clarify the controls that limit it, according to the Jordanian Code of Criminal Procedure. The importance of the study arises from the technological development witnessed globally; crimes are increasingly committed using electronic means, with the spread of cloud computing systems, information technology, digital platforms, social media, and artificial intelligence systems. The study adopted a descriptive methodology to describe the concept of the judge's discretionary authority in evidence through artificial intelligence systems and the relevant legal texts and judicial rulings, along with an analytical approach to analyse legal texts. The study concludes that the Jordanian judge's discretionary power regarding evidence extends to that derived from artificial intelligence systems, However, the absence of explicit legislation creates legal uncertainty, which could affect legitimacy and fair trial guarantees. Therefore, the study recommends amending the Jordanian Code of Criminal Procedure to expressly allow reliance on artificial intelligence systems in specified fields, in accordance with the technological advancements witnessed today. It further emphasizes that the use of artificial intelligence systems must be subject to clear legal and technical controls that ensure transparency, the admissibility of evidence, and respect for the right to defence. Additionally, the study calls for providing ongoing training for judges on artificial intelligence techniques for use in evidentiary contexts.

Keywords: Artificial Intelligence, Criminal Judge, Criminal Proof, Discretionary Authority.