The current state and prospects of the application of artificial intelligence in the conduct of forensic handwriting examination: legal aspects of regulation

Abstract

This article examines certain aspects of the legal regulation of the use of artificial intelligence in forensic expert work, particularly in the conduct of forensic handwriting analyses. It also examines potential technical issues associated with the implementation of artificial intelligence algorithms, which are complex even for developers to comprehend, and which may undermine the validity of the conclusion and its acceptance as reliable by the court. There is also the possibility of systemic errors in the algorithms, the presence of which would lead to discriminatory or unfair results, potentially jeopardising the objectivity of the conclusion. The author highlights the absence of a clear legal regulatory framework and, consequently, the lack of recognition of the results of artificial intelligence as evidence. Furthermore, there is no designated party liable for such outcomes, nor a mechanism for holding them accountable in the event of an artificial intelligence error or deliberate misrepresentation. The purpose of the study is to examine the concept of artificial intelligence as a form of modern information technology, with a particular focus on the need for legal regulation of the use of artificial intelligence in Ukraine. The study analyses international experience in the application of artificial intelligence and examines the possibilities for integrating its capabilities to provide information support for forensic examinations. Particular attention is paid to the potential of artificial intelligence in conducting forensic handwriting analyses. The stages of handwriting analysis at which artificial intelligence can be applied are outlined. The methodological basis of this work was formed by general scientific and specialised research methods, in particular the formal-logical, systemic-structural, and comparative-legal approaches, as well as the method of analysing and synthesising scientific sources and the practice of forensic expert activity. This enabled a comprehensive examination of the legal and forensic aspects of the use of artificial intelligence and the determination of its place within the system of evidence. Based on an analysis of the regulatory framework governing the use of artificial intelligence in forensic expert activities in Ukraine and in international expert practice, the author sets out specific organisational and methodological approaches to addressing issues related to its legal status as an intellectual expert technology. The scientific novelty lies in a comprehensive approach to the use of AI in forensic handwriting analysis, and proposals for the development of appropriate expert methodologies, covering every stage of handwriting analysis. This will legitimise the use of AI and ensure the reliability of expert conclusions whilst fully complying with methodological requirements. The conclusions emphasise that the effective use of AI will play an increasingly important role in forensic expert activities, serving as an effective intellectual tool for conducting research and assisting experts in performing tasks that previously required significant expenditure of expert hours, by automating individual stages of the examination and supporting the drafting of conclusions.