Access to technology, access to justice: China’s artificial intelligence application in criminal proceedings

Abstract

This article investigates Shanghai's “206” system, recognized as China's leading AI-assisted criminal case handling system, through an analysis of three distinct implementation scenarios in judicial processes. The study explores the role of artificial intelligence in assisting prosecutors and judges across various stages of criminal proceedings, highlighting both the advancements achieved and the limitations encountered. The research identifies critical challenges concerning system utilisation, the accuracy of outputs, and the transparency of underlying algorithms. Furthermore, the findings reveal three significant concerns: the AI system may inadvertently strengthen anchoring effects, compress procedural participation of defendants, and encourage accountability avoidance among judicial officers. Despite these challenges, this article argues that carefully designed judicial procedures can effectively mitigate associated risks while maximizing AI's benefits to criminal proceedings. This analysis contributes to the broader discourse of AI integration in judicial systems and offers practical insights for future implementations.