The legality of AI-Supported Lie detection techniques in criminal evidence and Parole (A Comparative Study)

Elgayar, Hesham Salah Eldien Ibrahim

doi:10.21608/ijdjl.2025.408284.1283

The legality of AI-Supported Lie detection techniques in criminal evidence and Parole (A Comparative Study)

Document Type : Original Article

Author

Hesham Salah Eldien Ibrahim Elgayar

Chief Judge - Primary court-Ministry Of Justice- Egypt

10.21608/ijdjl.2025.408284.1283

Abstract

The Polygraph was invented in the 1920s for use in criminal evidence. However, the development of the device led to its use in various fields, including employment in commercial companies. With the rapid development of artificial intelligence (AI) in various fields, its technologies have become more accurate and easier, to achieve justice.

In the light of the absence of a prohibition on the use of these technologies in criminal law, this study examined the legality of their use and the extent to which they conflict with certain constitutional criminal rights, compared to some comparative systems.

In criminal evidence, we noted the absence of any regulation of this technology in American legislation—except for a provision in the New Mexico (NMRA) Act of 2004. In light of different views regarding the evidential strength of lie detection in criminal trials, some courts in the United States have accepted the test results in some cases. In contrast, Belgium amended its Code of Criminal Procedure in 2020 to regulate its use. On the other hand, some systems have turned to using technology for reform purposes for those convicted of sexual offenses to ensure that their criminal beliefs have changed. This study illustrates the purposes of parole in Egyptian law for the last same purpose. We handle some comparative systems that have adopted this technology, such as California, which passed the Chelsea's Law (AB 1844) in 2010, and the United Kingdom, which adopted this procedure recently under the Offender Management Act of 2007.

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