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New and emerging technologies are reshaping justice systems and transforming the role of judges. The impacts vary according to how structural reforms take place and how courts adapt case management processes, online dispute resolution systems and justice apps. Significant shifts are also occurring with the development of more sophisticated forms of Artificial Intelligence that can support judicial work or even replace judges. These developments, together with shifts towards online court processes are explored in Judges, Technology and Artificial Intelligence.
The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.
'Is it fair for a judge to increase a defendant's prison time on the basis of an algorithmic score that predicts the likelihood that he will commit future crimes? Many states now say yes, even when the algorithms they use for this purpose have a high error rate, a secret design, and a demonstratable racial bias. The former federal judge Katherine Forrest, in her short but incisive When Machines Can Be Judge, Jury, and Executioner, says this is both unfair and irrational ...' See full reviewJed S RakoffUnited States District Judge for the Southern District of New YorkNew York Review of Books This book explores justice in the age of artificial intelligence. It argues that current AI tools used in connection with liberty decisions are based on utilitarian frameworks of justice and inconsistent with individual fairness reflected in the US Constitution and Declaration of Independence. It uses AI risk assessment tools and lethal autonomous weapons as examples of how AI influences liberty decisions. The algorithmic design of AI risk assessment tools can and does embed human biases. Designers and users of these AI tools have allowed some degree of compromise to exist between accuracy and individual fairness.Written by a former federal judge who lectures widely and frequently on AI and the justice system, this book is the first comprehensive presentation of the theoretical framework of AI tools in the criminal justice system and lethal autonomous weapons utilized in decision-making. The book then provides a comprehensive explanation as to why, tracing the evolution of the debate regarding racial and other biases embedded in such tools. No other book delves as comprehensively into the theory and practice of AI risk assessment tools.
How people judge humans and machines differently, in scenarios involving natural disasters, labor displacement, policing, privacy, algorithmic bias, and more. How would you feel about losing your job to a machine? How about a tsunami alert system that fails? Would you react differently to acts of discrimination depending on whether they were carried out by a machine or by a human? What about public surveillance? How Humans Judge Machines compares people's reactions to actions performed by humans and machines. Using data collected in dozens of experiments, this book reveals the biases that permeate human-machine interactions. Are there conditions in which we judge machines unfairly? Is our judgment of machines affected by the moral dimensions of a scenario? Is our judgment of machine correlated with demographic factors such as education or gender? César Hidalgo and colleagues use hard science to take on these pressing technological questions. Using randomized experiments, they create revealing counterfactuals and build statistical models to explain how people judge artificial intelligence and whether they do it fairly. Through original research, How Humans Judge Machines bring us one step closer tounderstanding the ethical consequences of AI.
The availability of very large data sets and the increase in computing power to process them has led to a renewed intensity in corporate and governmental use of Artificial Intelligence (AI) technologies. This groundbreaking book, the first devoted entirely to the growing presence of AI in the legal profession, responds to the necessity of building up a discipline that due to its novelty requires the pooling of knowledge and experiences of well-respected experts in the AI field, taking into account the impact of AI on the law and legal practice. Essays by internationally known expert authors introduce the essentials of AI in a straightforward and intelligible style, offering jurists as many practical examples and business cases as possible so that they are able to understand the real application of this technology and its impact on their jobs and lives. Elements of the analysis include the following: crucial terms: natural language processing, machine learning and deep learning; regulations in force in major jurisdictions; ethical and social issues; labour and employment issues, including the impact that robots have on employment; prediction of outcome in the legal field (judicial proceedings, patent granting, etc.); massive analysis of documents and identification of patterns from which to derive conclusions; AI and taxation; issues of competition and intellectual property; liability and responsibility of intelligent systems; AI and cybersecurity; AI and data protection; impact on state tax revenues; use of autonomous killer robots in the military; challenges related to privacy; the need to embrace transparency and sustainability; pressure brought by clients on prices; minority languages and AI; danger that the existing gap between large and small businesses will further increase; how to avoid algorithmic biases when AI decides; AI application to due diligence; AI and non-disclosure agreements; and the role of chatbots. Interviews with pioneers in the field are included, so readers get insights into the issues that people are dealing with in day-to-day actualities. Whether conceiving AI as a transformative technology of the labour market and training or an economic and business sector in need of legal advice, this introduction to AI will help practitioners in tax law, labour law, competition law and intellectual property law understand what AI is, what it serves, what is the state of the art and the potential of this technology, how they can benefit from its advantages and what are the risks it presents. As the global economy continues to suffer the repercussions of a framework that was previously fundamentally self-regulatory, policymakers will recognize the urgent need to formulate rules to properly manage the future of AI.
In this book Richard Susskind, a pioneer of rethinking law for the digital age confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.
This book describes how text analytics and computational models of legal reasoning will improve legal IR and let computers help humans solve legal problems.
The controversial guide to the inner workings of the FBI, now in...
This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.
This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.