AI is transforming almost every aspect of our lives, from personal assistants to health diagnostics. In the legal profession, AI tools promise to streamline processes, speed up research, and even help clients self-represent. It’s easy to get caught up in the excitement of technology’s potential — but when it comes to criminal law, the ethical implications can’t be overlooked.
As lawyers who deal with sensitive issues like criminal charges, restraining orders, and employment disputes, we know that these matters carry high stakes. The choices we make, and the advice we give, can have long-lasting effects on people’s lives. When it comes to AI, it’s not just about efficiency — it’s about trust, fairness, and justice.
So, where do we draw the ethical line when it comes to AI in criminal law?
- AI cannot replace legal judgment
Criminal law isn’t just about applying the law — it’s about interpreting it, understanding the nuances, and applying it in a way that serves justice. A good lawyer uses not only knowledge of the law but also years of experience, understanding human behaviour, and making decisions based on the unique facts of each case.
AI can offer general advice, but it can’t make those nuanced judgments. It cannot understand the human element — the emotional complexity of a case, the motivations behind a crime, or the potential for rehabilitation.
In criminal law, where stakes are high and the consequences can be life-altering, AI cannot provide the level of care and responsibility that human lawyers do.
- AI can inadvertently exacerbate bias
There is growing concern about the potential for AI systems to reflect or even amplify existing biases in the justice system. Algorithms are only as unbiased as the data they are trained on. In criminal law, where issues of race, socioeconomic status, and past convictions often play a role, an AI tool trained on biased data could perpetuate or even worsen these disparities.
In contrast, human lawyers are ethically bound to advocate for their clients’ rights and ensure they are treated fairly, regardless of personal biases. We must consider not only the law but also its impact on real lives, which is something AI cannot do in the same way.
- The duty of confidentiality and AI’s limitations
As lawyers, we have a strict duty of confidentiality to our clients. This means that any information shared with us must remain private and secure. AI tools, however, are often cloud-based and can be accessed by multiple parties, making it challenging to guarantee the same level of confidentiality.
While AI can assist with research or drafting, lawyers must always ensure that client information remains protected. Using AI without appropriate safeguards could lead to breaches of confidentiality, which is a serious ethical violation in criminal law.
- The importance of the client-lawyer relationship
At its core, the practice of law — especially criminal law — is about the relationship between lawyer and client. Clients come to us not just for legal advice, but for support, understanding, and advocacy. AI cannot replace the human touch that clients need when they are navigating some of the most difficult times in their lives.
Whether you’re facing a criminal charge, a restraining order, or an employment dispute, the legal process can be overwhelming. Having a lawyer by your side to explain the process, offer emotional support, and craft a strategic approach tailored to your needs is crucial.
- Transparency and accountability in legal decisions
AI systems can be “black boxes” — they offer recommendations based on complex algorithms, but it can be difficult to fully understand how they reach their conclusions. In the legal field, this lack of transparency is a significant issue.
Every legal decision, from whether to plead guilty to how to challenge a restraining order, must be fully explained to clients. Lawyers are accountable for their advice and actions, something that cannot be said for AI systems.
If you’re facing criminal charges or a restraining order, it’s essential to understand your rights and options clearly, with full accountability from your legal representative.
At Fraser & Associates Lawyers, we believe in the power of technology to support legal work — but not to replace the human judgment and ethical considerations that come with it.
We are committed to providing thoughtful, ethical, and human-centred legal advice to people facing criminal, restraining order, and employment law issues in Perth and across regional WA. While AI can assist with some aspects of legal work, it can never replace the trust, care, and accountability that come with professional legal advice.
If you’re facing a legal issue and are unsure whether AI could help or if you need a human lawyer by your side, we’re here for you. Call us today for a consultation. We’ll provide the guidance you need, grounded in experience and ethical practice.