Abstract

Algorithm-driven systems, including those containing Artificial Intelligence, are increasingly deployed within criminal justice systems. This includes facial recognition in public places for identifying people, pattern recognition for real-time detection of crimes, and algorithmic surveillance and recommendations as features within penal facilities. Such systems are frequently criticised, as they might perpetuate discrimination, and they pose a potential threat to privacy. Data protectionists and other human rights activists are paying attention to surveillance in public places, and the matter is strongly represented in political discourse. We find, conducting a hermeneutic literature review, that surveillance and the algorithmic evaluation and assessment of people in penal facilities, however, are largely absent from public and scholarly discourse. Applying a Foucauldian lens, we perform a critical discourse analysis, and argue that those current developments show a lack of dignity, respect and moral behaviour in an increasingly datafied world.

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