LAW ENFORCEMENT USE OF FACIAL RECOGNITION: BIAS, DISPARATE IMPACTS ON PEOPLE OF COLOR, AND THE NEED FOR FEDERAL LEGISLATION

May 7, 2021
NCJOLT-Vol.-22.4_777-815_Jones

For decades, law enforcement agencies across the country have relied on Facial Recognition Technology (“FRT”) to assist with investigations, though how the technology is employed is often concealed from the public and remains largely unknown. Compounding this transparency problem, recent research has
shown FRT displays a demonstrated bias against people of color, and disproportionately impacts them accordingly. In the absence of any federal law regulating law enforcement’s use of FRT, state and local governments have been left to decide for themselves whether, and to what extent, the technology should be regulated in their jurisdictions. With the potential for abuse of FRT so high, Congress must implement federal legislation that establishes FRT standards and guidelines for law enforcement agencies in the United States to follow. To adequately address the problems associated with FRT, the federal legislation must increase transparency, promote accountability, and foster trust between the police and their communities.

Author: Christopher Jones

PDF: http://ncjolt.org/wp-content/uploads/sites/4/2021/05/NCJOLT-Vol.-22.4_777-815_Jones.pdf

Volume 22, Issue 4

2 Comments

  • Mirella Servodidio says:

    The article addresses an issue of key importance in our criminal justice apparatus. It is meticulously researched and footnoted,and lays out the arguments for careful reconsideration and readjustment of FTR with clarity and fluency. An important contribution to the literature.

    • Mirella Servodidio says:

      This article addresses an issue of key importance in our criminal justice system at a time when it is being subjected to critical scrutiny. It is meticulously researched and footnoted and lays out the arguments for redressing the abuses ushered in by FRT with exceptional clarity and fluency. It is an important contribution to the literature on law and technology.

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