Law Commons^™

Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino

Georgia State University Law Review

Algorithms saturate our lives today; from curated song lists to recommending “friends” and news feeds, they factor into some of the most human aspects of decision-making, tapping into preferences based on an ever-growing amount of data. Regardless of whether the algorithm pertains to routing you around traffic jams or finding your next dinner, there is little regulation and even less transparency regarding just how these algorithms work. Paralleling this societal adoption, the criminal justice system now employs algorithms in some of the most important aspects of investigation and decision-making.

The lack of oversight is abundantly apparent in the criminal justice …

The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman

Georgia State University Law Review

As this Article sets forth, once a computerized algorithm is used by the government, constitutional rights may attach. And, at the very least, those rights require that algorithms used by the government as evidence in criminal trials be made available—both to litigants and the public. Scholars have discussed how the government’s refusal to disclose such algorithms runs afoul of defendants’ constitutional rights, but few have considered the public’s interest in these algorithms—or the widespread impact that public disclosure and auditing could have on ensuring their quality.

This Article aims to add to that discussion by setting forth a theory of …

Dna Fabrication, A Wake Up Call: The Need To Reevaluate The Admissibility And Reliability Of Dna Evidence, Kristen Bolden

Georgia State University Law Review

In June 2009, Israeli forensic science researchers published a ground breaking study that put credence to the possibility of creating artificial Deoxyribonucleic Acid (DNA) that can fool current forensic testing procedures. The researchers asserted that anyone with the proper equipment and basic understanding of molecular biology could create artificial DNA in virtually unending amounts. Furthermore, the research demonstrates that the current American forensic science system utilized by law enforcement is incapable of distinguishing between artificial and genuine DNA.

Evidence Proof Generally: Authorize Noninvasive Procedures In Addition To Blood Tests To Collect Dna Samples And Determine Characteristics; Allow Collection Of Dna Samples Of Convicted Felon In Addition To Sec Offenders; Provide For Sharing Dna Information For Law Enforcement Purposes; Allow Criminal Defendants Access To The Dna Data Bank In Certain Circumstances, Jill Wasserman

Georgia State University Law Review

The Act changes and updates several sections of the Georgia Code pertaining to the establishment of a DNA data bank for law enforcement purposes. Prior to the Act, the Code provided that DNA would be collected through blood samples from prisoners convicted of certain sex offenses. The Act subjects all convicted felons incarcerated in Georgia to DNA collection. In addition, the Act expands the acceptable methods of DNA collection beyond taking blood to include other less invasive procedures, including oral swabs. Further, the Act clarifies the procedures and timing the collecting the samples. It also allows law enforcement agencies to …