Path and future of artificial intelligence in the field of justice: a systematic literature review and a research agenda

Oliveira, Leonardo Ferreira de; Gomes, Anderson da Silva; Enes, Yuri; Branco, Thaíssa Velloso Castelo; Pires, Raíssa Paiva; Bolzon, Andrea; Demo, Gisela

doi:10.1007/s43545-022-00482-w

Cited by 7 publications

(3 citation statements)

References 85 publications

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“…In other words, these two groups can be named as "political pressures" and "other pressures". 3 The independence from a corresponding government is of high importance and the most difficult to achieve. A fundamental work on judicial independence, written by Tom S. Clark, begins with a thesis that the separation of powers is the most significant feature of the Constitution of the USA and probably the most valuable contribution of it to the democracy throughout the world.…”

Section: The Role Of Judicial Independencementioning

confidence: 99%

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Judicial independence and the use of artificial intelligence in courts

Drozd

2023

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The relevance of the topic of this research lies in the lack of legal papers on the questions of using computer technologies in judicial proceedings. As artificial intelligence (AI) systems continue to advance, there is a growing need to address their potential impact on judicial principles. Various countries try to implement AI technologies in judicial dispute resolution, these processes are progressing intensively, but there is still a significant gap in the existing legal literature on this topic. The subject of this paper is the impact of AI systems’ use in courts on judicial independence. The purpose of the study is to examine the implications of AI technologies on judicial independence and explore how adherence to specific criteria can help maintain the autonomy of the judiciary in the digital age. The topic of this research is highly novel due to the nonexistence of legal papers dedicated to the problem of this study. While many scholars are focused on judicial independence, considering it a crucial principle for the rule of law, there is a growing number of researchers analyzing the implementation of AI technologies in court. However, these scientific works primarily concentrate on the ways of possible using AI systems in courts and other general questions. However, there are only a few papers devoted to the analysis of legal risks associated with the use of AI systems in courts. This work is the first one that opens the door to further discussions on the assessment of judicial independence in AI-assisted proceedings. The research methods used in this paper are typical for legal studies. By analyzing the relationship between AI technologies and judicial independence, this research seeks to shed light on the potential challenges that arise from the integration of such computer systems into judicial systems. The current work addresses different approaches to defining key features of judicial independence and then proposes a list of specific criteria necessary to ensure judicial independence when utilizing AI systems. The key conclusions of this research contribute to the scholarly discussion on judicial independence criteria and provide two new specific criteria for AI-assisted proceedings. The author suggests that adhering to this list of specific criteria can provide independence for AI systems themselves and for judicial systems in general. By exploring the criteria for safeguarding judicial independence in the context of implementing AI technologies, this article aims to offer valuable insights and recommendations for policymakers and stakeholders.

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Section: The Role Of Judicial Independencementioning

confidence: 99%

“…137 (4). P. 17 3. Meron T. Judicial Independence and Impartiality in International Criminal Tribunals // The American Journal of International Law.…”

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Judicial independence and the use of artificial intelligence in courts

Drozd

2023

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“…Even though various algorithms were studied, the authors concentrate only on interpretable models, prediction interpretation and justification. Lastly, in [32], the authors use the systematic literature review to perform a biometric analysis of 69 articles related to public law. The main results show a growing number of contributions from 2015 and an interaction of AI topics such as explainable machine learning techniques and decision support systems, among others.…”

Section: Q6mentioning

confidence: 99%

Survey of Text Mining Techniques Applied to Judicial Decisions Prediction

2022

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This paper reviews the most recent literature on experiments with different Machine Learning, Deep Learning and Natural Language Processing techniques applied to predict judicial and administrative decisions. Among the most outstanding findings, we have that the most used data mining techniques are Support Vector Machine (SVM), K Nearest Neighbours (K-NN) and Random Forest (RF), and in terms of the most used deep learning techniques, we found Long-Term Memory (LSTM) and transformers such as BERT. An important finding in the papers reviewed was that the use of machine learning techniques has prevailed over those of deep learning. Regarding the place of origin of the research carried out, we found that 64% of the works belong to studies carried out in English-speaking countries, 8% in Portuguese and 28% in other languages (such as German, Chinese, Turkish, Spanish, etc.). Very few works of this type have been carried out in Spanish-speaking countries. The classification criteria of the works have been based, on the one hand, on the identification of the classifiers used to predict situations (or events with legal interference) or judicial decisions and, on the other hand, on the application of classifiers to the phenomena regulated by the different branches of law: criminal, constitutional, human rights, administrative, intellectual property, family law, tax law and others. The corpus size analyzed in the reviewed works reached 100,000 documents in 2020. Finally, another important finding lies in the accuracy of these predictive techniques, reaching predictions of over 60% in different branches of law.

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