AI and Judicial Decision-Making

in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021)

Posted: 4 Dec 2020

See all articles by Ignacio Cofone

Ignacio Cofone

McGill University Faculty of Law

Date Written: November 2, 2020

Abstract

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

Suggested Citation

Cofone, Ignacio, AI and Judicial Decision-Making (November 2, 2020). in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021), Available at SSRN: https://ssrn.com/abstract=3733951

Ignacio Cofone (Contact Author)

McGill University Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.ignaciocofone.com

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
349
PlumX Metrics