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AI systems in the criminal justice system

AI Describes Many Technologies and None of Them Are Intelligent

Tuesday, 03 February 2026 by Hon. Brian MacKenzie (Ret.)
What courts call “AI” is rarely intelligent—and never neutral. This article explains the different AI systems used in the criminal justice system, how they work, and why understanding those differences matters before relying on their outputs.
  • Published in Artificial Intelligence, Law
Tagged under: AI in the Courts, Algorithmic Decision Systems, Criminal Justice Technology, Hardwiring Justice Series, Risk Assessment Tools
AI governance in the justice system

Hardwiring Justice: Governing AI Before It Governs the Justice System

Tuesday, 13 January 2026 by Hon. Brian MacKenzie (Ret.)
Artificial intelligence is already embedded across justice system operations, shaping outcomes long before judicial review. This article introduces the Hardwiring Justice series, arguing that AI governance in the justice system must come before entrenchment. Courts must assert transparency, accountability, and institutional oversight to ensure technology serves justice rather than silently redefining it.
  • Published in Artificial Intelligence, Law
Tagged under: AI Governance, Artificial Intelligence, Courts and Technology, Judicial leadership, Justice System Reform
AI Tort Liability

AI Tort Liability: Does Negligence Law Still Apply?

Tuesday, 16 December 2025 by Hon. Brian MacKenzie (Ret.)
As autonomous AI systems increasingly influence high-stakes decisions, questions arise about whether new liability frameworks are needed. This article explains why traditional negligence law already provides a workable structure for assigning responsibility among AI developers, deployers, and users, even when systems act with partial independence.
  • Published in Artificial Intelligence, Law
Tagged under: AI tort liability, Artificial intelligence risk, Autonomous systems, Legal Accountability, Negligence law
AI in Treatment Courts

AI in Treatment Courts: Keeping Treatment Human

Tuesday, 09 December 2025 by Hon. Brian MacKenzie (Ret.)
Artificial intelligence is entering treatment courts, influencing how participants seek support and how supervision is delivered. But AI cannot replace therapy, manage crises, or ensure participant safety. Treatment courts must adopt clear policies that establish AI as a supplemental tool while preserving the human-centered treatment that defines these courts.
  • Published in Artificial Intelligence, Law, Problem Solving Courts
Tagged under: AI in treatment courts, Behavioral health and technology, Evidence-based justice, Judicial ethics and technology, Treatment court policy
judicial ethics in problem-solving courts

A Judicial Landmine: Judicial Ethics Failures in Problem-Solving Courts

Tuesday, 02 December 2025 by Hon. Brian MacKenzie (Ret.)
Judicial ethics are the backbone of every problem-solving court. The Howard County case shows how quickly credibility collapses when a judge abuses authority, blurs boundaries, and humiliates participants. This failure didn’t just harm individuals—it destabilized the therapeutic purpose of treatment courts and revealed how essential ethics are to sustaining legitimacy.
  • Published in Judicial Ethics, Law
Tagged under: Judicial Ethics, Judicial Misconduct, Problem-Solving Courts, Procedural Fairness, Treatment Court leadership
AI and the Courts

Part Six: Judging the Machine – Lessons, Guardrails, and the Path Forward

Tuesday, 18 November 2025 by Hon. Brian MacKenzie (Ret.)
AI is reshaping the justice system, offering both promise and peril. Courts face the challenge of adopting these tools without compromising fairness or transparency. This article outlines the essential guardrails for judicial use of AI, ensuring technology strengthens—not supplants—the rule of law.
  • Published in Artificial Intelligence, Law
Tagged under: Access to Justice, AI in the Courts, Artificial intelligence and justice, Judicial Ethics, Technology and the law
AI in the courts

Part Five: Courts of the Future – Innovation, Access, and Global Trends

Tuesday, 04 November 2025 by Hon. Brian MacKenzie (Ret.)
As artificial intelligence transforms judicial systems worldwide, courts are redefining how justice is delivered. From AI-powered transcription to online dispute resolution, innovation is improving efficiency and access—but must never eclipse fairness. This post explores global trends ensuring AI in the courts enhances justice without diminishing human judgment.
  • Published in Artificial Intelligence, Law
Tagged under: Access to Justice, AI in the Courts, Ethical Technology, Global Justice trends, Judicial Innovation

Part Four: AI in the Courts:  Judicial Decision-Making: Transparency, Accountability, and the Judicial Role

Tuesday, 21 October 2025 by Hon. Brian MacKenzie (Ret.)
As AI tools enter the courtroom, judges face new challenges of transparency, accountability, and maintaining their central decision-making role. This installment examines how AI is reshaping judicial reasoning, the risks of overreliance, and why human judgment remains essential to preserving fairness, ethics, and public trust in justice.
  • Published in Artificial Intelligence, Law
Tagged under: AI in judicial decision making, Automation bias, Judicial Ethics, Judicial transparency, legal technology
AI-generated evidence admissibility

Part Three: AI on Trial – Admissibility of AI-Generated Evidence

Tuesday, 14 October 2025 by Hon. Brian MacKenzie (Ret.)
Artificial intelligence is producing new forms of evidence—from deepfakes to algorithmic analyses—that challenge traditional evidentiary rules. This installment explores how courts can ensure AI-generated material meets the tests of relevance, reliability, and authenticity under Frye, Daubert, and Rule 702, safeguarding fairness and due process in the age of AI.
  • Published in Artificial Intelligence, Law
Tagged under: AI in the Courts, AI-generated evidence, Evidence admissibility, Judicial Ethics, legal technology
AI in the Courts Ethics

Part Two: AI in the Courts: Ethical Challenges

Tuesday, 30 September 2025 by Hon. Brian MacKenzie (Ret.)
AI is reshaping the justice system, but with it come profound ethical challenges. From bias in risk assessments to the “black box” problem of transparency, judges and lawyers must balance innovation with fairness. Ethical vigilance is vital to protect public trust, due process, and the legitimacy of judicial decision-making.
  • Published in Artificial Intelligence, Judicial Ethics
Tagged under: AI in the Courts, AI in the Courts Ethics, Bias and Fairness in AI, Judicial Ethics, legal technology
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Recent Posts

  • Treatment Court Data

    Treatment Court Data and National Infrastructure with Dr. DeVall

    This Justice Speaks episode examines how treatm...
  • AI systems in the criminal justice system

    AI Describes Many Technologies and None of Them Are Intelligent

    What courts call “AI” is rarely intelligent—and...
  • AI governance in the justice system

    Hardwiring Justice: Governing AI Before It Governs the Justice System

    Artificial intelligence is already embedded acr...

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