Law 13 Aug 2020

The Criminal Justice System and Big Data

Big data has made gigantic strides in today’s world. In almost every sphere of our lives where technology plays a significant role, like digital communication,

The Criminal Justice System and Big Data
The criminal justice system, which is a key component of all three branches of any government, i.e. the legislative, the executive, and the judiciary, also makes ample use of big data in the modern, technologically advanced world of today. The entire network of police officers, lawyers and record keepers of digitally stored criminal and legal information are in this endeavor together. Law enforcers, crime investigation bodies, and the people responsible for the execution and implementation of criminal law are using big data to detect crime patterns observed over a large span of time.


Advantages of Big Data Analysis

Big data is equally beneficial in the investigation of crime by the police, detectives and private investigators. The digital footprint that everyone leaves on the internet in this day and age is irremovable. Criminals are no exception. Be it telephonic communication, one’s social media identity or footage captured by CCTV, perpetrators have a myriad of technological hurdles to bypass. And evidence collected against them with the help of big data often turns out to be their nemesis.

Big data also helps judges in courts declare the fairest sentences when presiding over trials of convicts. The appropriate analysis of all relevant data gathered regarding the accused in a particular case are paid proper attention to. Depending on the nature and degree of the crime committed, given that the accused is actually found guilty, a just sentence is passed according to context, like bail, imprisonment, or custodial remand. Big data can thus provide the maximum amount of data required in a case, which leads to a fair trial.


Challenges and Drawbacks of Big Data Deployment

Surveillance regulations issued by the government in order to make the job of criminal justice professionals easier are often kept secret from the public at large. This sometimes leads to furores causing protests about the violation of privacy of citizens. Mass vigilance steps taken by the government using big data to monitor social media interactions of the population become the subject of public criticism. The 2018 Cambridge Analytics scandal is a good example of such an incident where objectively sound but practically unethical surveillance measures faced mass outrage.

Big data used by the criminal justice system is also not completely spared from certain systemic flaws. The introduction and collaboration of big data for criminal justice procedures is a recent phenomenon. But criminal justice itself has been there since ages. Although it has evolved with time, the stereotypes and prejudices of people in the form of discrimination on the basis of gender, race, caste and religion have also invaded criminal justice departments over the years. Naturally they have adapted to contemporary society and become as impartial as possible. But big data simply hasn’t had the time to evolve. In establishing patterns, big data often will highlight one community of people as more susceptible to wrongdoing than others.