The decentralized ledger could, for example, maintain an accurate system of payments and receipts for the cryptocurrency associated with the blockchain.\u00a0 \u00a0Central authorities, such as a bank maintaining a ledger of all its users\u2019 transactions, are lucrative targets for cybercriminals.[3]<\/a>\u00a0 Because a blockchain does not exist in one place, it offers two distinct advantages over centralized authorities: broader access, and greater security.[4]<\/a><\/p>\n Blockchains are comprised of \u201cblocks,\u201d which are digitally recorded data that are linked together in chronological order into one \u201cchain.\u201d\u00a0 Once the \u201cblock\u201d of data is chained to the other existing data on the blockchain, the data cannot be altered without altering all the subsequent blocks of data, which would require collusion from a majority of the network\u2019s computers located around the world.[5]<\/a>\u00a0 Put differently\u2014it is nearly impossible to alter data once it is encrypted onto a blockchain.\u00a0 As a result, blockchain technology can be utilized as a tamper-evident and tamper-resistant way to structure, store, and secure data.<\/p>\n The implementation of blockchain technology into our everyday lives is inevitable. And, there are infinite benefits the legal field will realize once the private and public sectors utilize blockchain technology.\u00a0 As discussed below, our criminal justice system would greatly benefit from utilizing blockchain technology.<\/p>\n The most identifiable benefit of blockchain technology is its real-time, immutable record-keeping ability.\u00a0 Foreign judicial systems have already implemented blockchain technology as a tool for surveilling parolees.[6]<\/a>\u00a0 In Foshan, China, law enforcement officials created a community correction program to track the location of convicted offenders in real-time.[7]<\/a>\u00a0 Parolees are required to wear electronic bracelets fitted with a tracking encryption program at all times.[8]<\/a>\u00a0 Because the system uses blockchain technology to track the results, the data gathered is completely resistant to tampering and corruption.[9]<\/a><\/p>\n The United States\u2019 judicial systems, on the other hand, use manual check-ins and over-burdened case workers to keep track of its paroled criminals.\u00a0 Implementing blockchain technology will simplify the entire parole process, while also making it a more trust-worthy system in the process.<\/p>\n The immutable, real-time record-keeping will also be key in issuing warrants and maintaining criminal histories.[10]<\/a>\u00a0 Courts issue search and arrest warrants to multiple different agencies, such as law-enforcement agencies, prosecutors, and probation and parole officers.\u00a0 Once a warrant is issued, numerous criminal-justice partners need \u201cread\u201d and \u201cwrite\u201d access to the warrant.[11]<\/a>\u00a0 Law-enforcement officers are often required to contact the issuing court to validate the warrant, while other law-enforcement officers \u201cpack\u201d a warrant with additional information about the defendant.[12]<\/a>\u00a0 The number of participants and handoffs involved in issuing and executing warrants makes it an excellent area to employ blockchain technology.<\/p>\n The same goes for maintaining an accurate record of an individual\u2019s criminal history.\u00a0 Prosecutors, courts, and criminal-history repositories are all responsible with updating criminal charges.\u00a0 Approximately 20,000 people in the United States are falsely accused, convicted, and incarcerated each year.[13]<\/a>\u00a0 Today, many criminal-justice partners use manual data entry, ongoing audits, and quality-control efforts to maintain their respective databases.\u00a0 But, with blockchain technology, the courts, prosecutors, and law-enforcement officers could all make changes to the initial Blockchain arrest record, flowing throughout the adjudication process, tying charges to ultimate dispositions.\u00a0 Every time an amendment is made, the blockchain records the party who made the amendment.\u00a0 And, individuals can only make amendments when they have been delegated such authority.<\/p>\n Blockchain technology will also significantly benefit chain of custody in criminal cases.\u00a0 Current evidence management systems are susceptible to theft, tampering and, at its worst, manipulation of evidence within the evidence management system.[14]<\/a>\u00a0 But, there would be drastic improvements to a chain of custody\u2019s integrity if evidence was recorded on blockchain technology.\u00a0 \u00a0When submitting evidence into police custody, officers would be required to report the state of the evidence as it was being submitted.\u00a0 Then, any person removing the evidence would have to confirm the evidence was in the same state as the blockchain reflects.\u00a0 Further, any person receiving the evidence in a chain of custody would immediately be able to compare the \u201cstate\u201d of the evidence as it was recorded in the system with the \u201cstate\u201d last recorded on the blockchain.\u00a0 If the evidence appears to have been tampered with, the receiver can refuse to accept the evidence and report the problem immediately, instead of receiving it while lacking knowledge as to the evidence\u2019s condition when it was first taken into custody.\u00a0 In a court-setting, an individual accused of a crime would be able to compare evidence collected at the scene to the evidence\u2019s recorded \u201cstate\u201d on the blockchain.[15]<\/a><\/p>\n Implementing blockchain technology in criminal law would significantly increase the efficiency and integrity of our current criminal law system.\u00a0 Moreover, the technology is readily available, as developers are creating privatized blockchains for companies and agencies looking to benefit from the increased efficiency and integrity.<\/p>\n <\/p>\n [1]<\/a> Grace Kay, The many alleged identities of Bitcoin\u2019s mysterious creator, Satoshi Nakamoto<\/em>, Business Insider (Nov. 28, 2021), https:\/\/www.businessinsider.com\/bitcoin-history-cryptocurrency-satoshi-nakamoto-2017-12#:~:text=The%20many%20alleged%20identities%20of%20Bitcoin’s%20mysterious%20creator%2C%20Satoshi%20Nakamoto&text=The%20identity%20of%20Bitcoin’s%20creator,become%20a%20top%20digital%20currency.<\/p>\n [2]<\/a> Di Graski & Pail Embley, When Might Blockchain Appear in Your Court?<\/em>, Nat. Cen. for St. C. (Nov. 14, 2019), https:\/\/www.ncsc.org\/__data\/assets\/pdf_file\/0018\/14913\/blockchaininthecourts.pdf.<\/p>\n [3]<\/a> Id<\/em>.<\/p>\n [4]<\/a> Id<\/em>.<\/p>\n [5]<\/a> John Salmon & Gordon Myers, Blockchain and Associated Legal Issues for Emerging Markets<\/em>, Note 63, Int\u2019l. Fin. Corp. (Jan. 2019), https:\/\/www.ncsc.org\/__data\/assets\/pdf_file\/0018\/14913\/blockchaininthecourts.pdf.<\/p>\n [6]<\/a>\u00a0 Sophia Scott, Blockchain Behind Bars: The Case for Cryptocurrency in Criminal Justice<\/em>, Harv. Tech. Rev. (Aug. 28, 2021), https:\/\/harvardtechnologyreview.com\/2021\/08\/28\/blockchain-behind-bars-the-case-for-cryptocurrency-in-criminal-justice-2\/.<\/p>\n [7]<\/a> Id<\/em>.<\/p>\n [8]<\/a> Id<\/em>.<\/p>\n [9]<\/a> Id<\/em>.<\/p>\n [10]<\/a> Graski, supra<\/em> note 2.<\/p>\n [11]<\/a> Id<\/em>.<\/p>\n [12]<\/a> Id<\/em>.<\/p>\n [13]<\/a>\u00a0 Derick Anderes et al, The Use of Blockchain within Evidence Management System<\/em>, https:\/\/f.hubspotusercontent10.net\/hubfs\/5260862\/Ebooks%20and%20Whitepapers\/Blockchain%20of%20Evidence%20FINAL%20DRAFT-3.pdf.<\/p>\n
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