Challenges in Implementing Artificial Intelligence in Sentencing: A Comparative Study of the Iranian Legal System and Common Law

Articles in Press

Document Type : scientific

Authors

1 PHD Candidate in Criminal law and criminology in Qom University

2 Associate Professor, Department of Criminal law and Criminology, Faculty of Law, University of Qom, Qom, Iran

3 Assistant Professor, Department of Criminal law and Criminology, Faculty of Law, University of Qom, Qom, Iran

Abstract

The integration of artificial intelligence (AI) into judicial systems has introduced various challenges. This article uses a descriptive–analytical method combined with comparative legal analysis to examine the sentencing process in common law and Iranian legal systems and explores the challenges of applying AI in each. The findings reveal that while both systems face common obstacles, the common law system has made progress toward intelligent judicial governance through structural reforms, the development of data-driven sentencing guidelines, and the gradual use of AI algorithms. In contrast, Iran’s legal system lacks the necessary infrastructure for effective AI integration due to the absence of standardized, data-oriented sentencing frameworks, the wide discretionary powers of judges—especially in ta'zir punishments—and the coexistence of religious and customary norms. For AI to be responsibly and effectively implemented in Iran’s judiciary, the sentencing process must first be standardized and supported by data-driven frameworks to improve predictability and enable data processing. Additionally, it is essential to develop localized AI models tailored to Iran’s legal, religious, and cultural context. These models should be introduced gradually and must both utilize AI’s analytical capabilities and preserve judicial independence as well as the ethical and human dimensions of judicial decision-making.

Keywords

Main Subjects

Criminal Law Doctrines

Articles in Press, Accepted Manuscript
Available Online from 30 July 2025

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