AI Evidence and Due Process: The Real Black Box Problem

Justice Speakers Institute · May 5, 2026

This article is part of the Hardwiring Justice series on Artificial Intelligence and the Justice System. This is Part 5 in the series examining how AI is shaping policing, prosecution, defense practice, and the courts.*

Artificial intelligence (AI) tools are now embedded across nearly every phase of criminal proceedings, from investigative analytics and risk assessment to case management and predictive analysis.[1] As these systems become more integrated, a familiar concern emerges: opacity, often called the “black box” problem. [2] Judges, lawyers, and justice professionals worry that…