AI and Judicial Decision-Making
in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021)
15 Pages Posted: 4 Dec 2020 Last revised: 8 Mar 2022
Date Written: February 1, 2021
The chapter gives an overview of how artificial intelligence (AI) is used and can be used in judicial decision-making, presents the risks this use entails, and proposes how judges can address those risks. It first explores whether and to what extent judicial functions may be replaced by AI. It then explains the importance of people’s automation bias in determining appropriate levels of trust towards AI. Then, it addresses how judges can respond to algorithmic biases, which have important consequences on their decisions’ accuracy and for potential discrimination. Finally, it examines how judges can address algorithmic opacity, which has consequences for procedural fairness and the role of private interests during trial.
Keywords: AI; judicial decision-making; Canada; judges
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