AI IN SENTENCING AND PAROLE: JUDICIAL DISCRETION AND PRISONER RIGHTS

Abstract

The implementation of Artificial Intelligence (AI)-based risk assessment tools for sentencing and parole decisions represents a major transformation of the Indian criminal justice system. The implementation of these technologies creates substantial constitutional problems because they violate judicial discretion and due process rights while restricting prisoner rights. The paper conducts critical analysis to study the validity of AI-assisted sentencing and parole systems under Articles 14 and 21 of the Constitution of India.