TY - JOUR
T1 - Theorising automated arrest: possible, likely and lawful?
AU - Murphy, Brendon
AU - Arnold, Bruce Baer
AU - Bonython , Wendy
N1 - Publisher Copyright:
© 2023 Informa UK Limited, trading as Taylor & Francis Group.
PY - 2023/8/18
Y1 - 2023/8/18
N2 - Technology has long played a role in law enforcement. It is often used to identify suspects and obtain evidence used in subsequent prosecution. With advances in facial recognition technology, population-scale identification and the emergence of systems that enable physical capture without human intervention, we question whether automated arrest is lawful and likely. This article theorises aspects of the automation of arrest in a world of ‘smart portals’, pervasive panopticism and driverless vehicles. It considers technologies, legalities and implications. In doing so it engages with automation as ‘soft power’, a proxy for the state’s lawful use of physical force. It concludes that automated arrest is highly likely, in many instances legal, and with an imperative need for regulation.
AB - Technology has long played a role in law enforcement. It is often used to identify suspects and obtain evidence used in subsequent prosecution. With advances in facial recognition technology, population-scale identification and the emergence of systems that enable physical capture without human intervention, we question whether automated arrest is lawful and likely. This article theorises aspects of the automation of arrest in a world of ‘smart portals’, pervasive panopticism and driverless vehicles. It considers technologies, legalities and implications. In doing so it engages with automation as ‘soft power’, a proxy for the state’s lawful use of physical force. It concludes that automated arrest is highly likely, in many instances legal, and with an imperative need for regulation.
KW - Automated arrest
KW - Biometrics
KW - Driverless vehicles
KW - Enabling technologies
KW - Legality
KW - Reflexive containment
KW - Surveillance
UR - http://www.scopus.com/inward/record.url?scp=85168131073&partnerID=8YFLogxK
U2 - 10.1080/17579961.2023.2245681
DO - 10.1080/17579961.2023.2245681
M3 - Article
SN - 1757-9961
VL - 15
SP - 453
EP - 489
JO - Law, Innovation and Technology
JF - Law, Innovation and Technology
IS - 2
ER -