Artificial intelligence and judicial decision-making: Evaluating the role of AI in debiasing
As arbiters of law and fact, judges are supposed to decide cases impartially, basing their decisions on authoritative legal sources and not being influenced by irrelevant factors. Empirical evidence, however, shows that judges are often influenced by implicit biases, which can affect the impartiali...
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| Format: | Article |
| Language: | deu |
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oekom verlag GmbH
2024-03-01
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| Series: | TATuP – Zeitschrift für Technikfolgenabschätzung in Theorie und Praxis |
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| Online Access: | https://www.tatup.de/index.php/tatup/article/view/7099 |
| _version_ | 1797261425271373824 |
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| author | Giovana Lopes |
| author_facet | Giovana Lopes |
| author_sort | Giovana Lopes |
| collection | DOAJ |
| description |
As arbiters of law and fact, judges are supposed to decide cases impartially, basing their decisions on authoritative legal sources and not being influenced by irrelevant factors. Empirical evidence, however, shows that judges are often influenced by implicit biases, which can affect the impartiality of their judgment and pose a threat to the right to a fair trial. In recent years, artificial intelligence (AI) has been increasingly used for a variety of applications in the public domain, often with the promise of being more accurate and objective than biased human decision-makers. Given this backdrop, this research article identifies how AI is being deployed by courts, mainly as decision-support tools for judges. It assesses the potential and limitations of these tools, focusing on their use for risk assessment. Further, the article shows how AI can be used as a debiasing tool, i. e., to detect patterns of bias in judicial decisions, allowing for corrective measures to be taken. Finally, it assesses the mechanisms and benefits of such use.
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| first_indexed | 2024-04-24T23:41:01Z |
| format | Article |
| id | doaj.art-339cbaf73f7a492cb9864e59bb6109d7 |
| institution | Directory Open Access Journal |
| issn | 2568-020X 2567-8833 |
| language | deu |
| last_indexed | 2024-04-24T23:41:01Z |
| publishDate | 2024-03-01 |
| publisher | oekom verlag GmbH |
| record_format | Article |
| series | TATuP – Zeitschrift für Technikfolgenabschätzung in Theorie und Praxis |
| spelling | doaj.art-339cbaf73f7a492cb9864e59bb6109d72024-03-15T12:19:42Zdeuoekom verlag GmbHTATuP – Zeitschrift für Technikfolgenabschätzung in Theorie und Praxis2568-020X2567-88332024-03-0133110.14512/tatup.33.1.28Artificial intelligence and judicial decision-making: Evaluating the role of AI in debiasingGiovana Lopes0Department of Legal Studies, University of Bologna, Bologna As arbiters of law and fact, judges are supposed to decide cases impartially, basing their decisions on authoritative legal sources and not being influenced by irrelevant factors. Empirical evidence, however, shows that judges are often influenced by implicit biases, which can affect the impartiality of their judgment and pose a threat to the right to a fair trial. In recent years, artificial intelligence (AI) has been increasingly used for a variety of applications in the public domain, often with the promise of being more accurate and objective than biased human decision-makers. Given this backdrop, this research article identifies how AI is being deployed by courts, mainly as decision-support tools for judges. It assesses the potential and limitations of these tools, focusing on their use for risk assessment. Further, the article shows how AI can be used as a debiasing tool, i. e., to detect patterns of bias in judicial decisions, allowing for corrective measures to be taken. Finally, it assesses the mechanisms and benefits of such use. https://www.tatup.de/index.php/tatup/article/view/7099judicial decision-makingjudicial biasesartificial intelligencerisk assessmentdebiasing |
| spellingShingle | Giovana Lopes Artificial intelligence and judicial decision-making: Evaluating the role of AI in debiasing TATuP – Zeitschrift für Technikfolgenabschätzung in Theorie und Praxis judicial decision-making judicial biases artificial intelligence risk assessment debiasing |
| title | Artificial intelligence and judicial decision-making: Evaluating the role of AI in debiasing |
| title_full | Artificial intelligence and judicial decision-making: Evaluating the role of AI in debiasing |
| title_fullStr | Artificial intelligence and judicial decision-making: Evaluating the role of AI in debiasing |
| title_full_unstemmed | Artificial intelligence and judicial decision-making: Evaluating the role of AI in debiasing |
| title_short | Artificial intelligence and judicial decision-making: Evaluating the role of AI in debiasing |
| title_sort | artificial intelligence and judicial decision making evaluating the role of ai in debiasing |
| topic | judicial decision-making judicial biases artificial intelligence risk assessment debiasing |
| url | https://www.tatup.de/index.php/tatup/article/view/7099 |
| work_keys_str_mv | AT giovanalopes artificialintelligenceandjudicialdecisionmakingevaluatingtheroleofaiindebiasing |