The inclusion of technology in law enforcement gives rise to concerns regarding privacy and civil rights.
In the contemporary era, surveillance cameras have become a ubiquitous presence in public spaces, and the integration of facial recognition software only contributes to the prevalence of technology in our daily lives. Nevertheless, recent studies have revealed that the accuracy of facial recognition significantly diminishes for women, young adults, and individuals from racialized communities, leading to potential instances of misidentification and unjust legal action.
Furthermore, the emergence of deepfakes, digitally manipulated images of individuals, presents a threat to public trust and safety, as they can be used to disseminate false information and misleading narratives.
A recent publication examining the incorporation of everyday technologies in the criminal justice system addresses a wide array of applications, from deception detection to web sleuthing, all of which have been utilized to aid law enforcement in the resolution of criminal cases.
Additionally, the use of body-worn cameras by police has played a pivotal role in trials by providing evidence and facilitating investigations, as illustrated in the case of the fatal shooting of Ontario Provincial Police Const. Greg Pierzchala in 2022.
Moreover, technology has empowered private citizens to collaborate with law enforcement agencies by utilizing digital platforms to gather evidence and assist in the apprehension of criminals, as seen in the case of convicted murderer Luka Magnotta, whose identification was aided by online sleuths who provided essential information to the authorities.
The public use of surveillance for crime prevention through facial recognition software remains a subject of contentious debate. With an estimated one billion security cameras in operation globally, a notable percentage of which are in China, the implications of facial recognition for public safety and privacy are considerable.
Facial recognition technology, used by some retailers to mitigate theft, is not foolproof, as evidenced by the case of Josh Soika, an Indigenous man who was erroneously flagged for theft due to a misidentification by artificial intelligence (AI) software utilized by Canadian Tire. Similar instances of mistaken identification have been reported in the United States, prompting the Federal Trade Commission (FTC) to prohibit the use of facial recognition software by a prominent pharmacy chain.
Furthermore, the utilization of facial recognition software in criminal investigations in Canada has sparked controversy, with concerns regarding its accuracy, especially in identifying women, individuals from racialized communities, and young adults. The case of Porcha Woodruff, a 32-year-old pregnant Black woman from Detroit who was wrongfully arrested based on a facial recognition match, highlights the real-world repercussions of misidentification.
The ramifications of misidentification extend beyond individual cases, as it has been identified as a primary factor in wrongful convictions. The Canadian Registry of Wrongful Convictions reports that approximately a third of their cases involved false identification, underscoring the necessity for legislative measures to safeguard individuals’ rights and privacy.
Looking ahead, it is imperative for legislation to keep pace with technological advancements to protect citizens’ rights and ensure transparency in the use of technology by law enforcement. Comprehensive public information and awareness on the use of technology, as well as extensive research on its impact on the criminal justice system, are vital in this swiftly evolving domain.
In summary, while technology has the potential to transform law enforcement, it also presents substantial challenges that must be addressed through well-informed regulation and oversight.
This blog post was based on: Pica, E., Ross, D., & Pozzulo, J. (Eds.). (2024). The Impact of Technological Advances on the Legal System: Psychological Implications for Eyewitness Accuracy. Routledge/Taylor & Francis.