Paths to Digital Justice: Judicial Robots, Algorithmic Decision-Making, and Due Process

Abstract

The paths to digital justice focus on the challenges of contemporary digital societies in reaching automated decision-making processes through software, algorithms, and information technology without loss of its human quality and the guarantees of due process. In this context, this article reflects on the possibilities of establishing judicial robots in substitution for human judges, by examining whether artificial intelligence and algorithms may support judicial decision-making independently and without human supervision. The point of departure for this analysis comes from the experience of criminal justice systems with software for judgment of the possibility of recidivism of criminal defendants. Algorithmic decision-making may improve the public good in support of judicial decision-making, but the analysis of current technology and our standards for due process of law recommends caution on the conclusion that robots may replace human judges and satisfy our expectations for explainability and fairness in adjudication.

Innovation Helps with Sustainable Business, Law, and Digital Technologies: Economic Development and Dispute Resolution

“…However, there are drawbacks and difficulties when using AI to analyze data in digital trade disputes in which AI systems unintentionally reinforce or magnify pre-existing biases in the data, which is a major cause for concern as it can result in unfair or incorrect outcomes. It might be difficult to train AI models to adjust to new types of data and emerging behavioral patterns given the dynamic and ever-evolving nature of digital trade and technology [77]. This discrimination stems from the distortion of algorithms and insufficient interpretation and disclosure of algorithms.…”

Tinjauan Hukum Pidana: Eksplorasi Bibliometrik tentang Perkembangan dan Inovasi Riset

“…Contoh lainnya adalah penggunaan algoritma dan kecerdasan buatan dalam pengambilan keputusan peradilan. Meskipun teknologi ini memiliki potensi untuk meningkatkan efisiensi dan akurasi dalam sistem hukum, teknologi ini juga menimbulkan kekhawatiran tentang keadilan, kejelasan, dan proses hukum (Fortes, 2020). Oleh karena itu, perlu kehati-hatian dalam mempertimbangkan penggunaan robot peradilan atau pengambilan keputusan algoritmik dalam hukum pidana.…”

Automation Within a Novel Platform for the European Small Claims Procedure

“…Several scholars have also previously considered the application of AI to a further extent, namely automating the judgement-making process using "robot judges" (see, e.g., Morison & Harkens, 2019;Wideroth, 2020;Ulenaers, 2020;Rubim Borges Fortes, 2020). The idea has been explored for general application at all levels of the court system, despite the complexity of the nature of proceedings (even in criminal matters), and at this stage the consensus is that the feasibility of fully automated proceedings is unlikely due to legal obstacles, many of which are constitutional, but also derive from data protection and privacy regulations, as discussed above.…”

“…Implementing AI to automate processes in the judicial system has been widely discussed before, as well as already implemented in certain areas for tasks such as document review and preparation, algorithmic risk assessment, as well as outcome prediction (Contini, 2020;Pasquale, 2019;Reiling, 2020). Some scholars have also considered applying AI not just for these supportive tasks, but also for more decisive roles in the form of fully automated judgements (see, e.g., Morison & Harkens, 2019;Wideroth, 2020;Ulenaers, 2020;Rubim Borges Fortes, 2020).…”