Decisional Sequencing as a Prerequisite of Predictive Justice and Integrating Artificial Intelligence in the Judicial Decision-Making Process
Digital Transformations of Modernity 2022
5 Pages Posted: 2 May 2022
Date Written: January 24, 2022
The court proceedings need to be viewed as a sequential process, where the sequence of making decisions of particular questions is strictly regulated by the logic of the proceeding moving in the following direction: party's statement – assessment whether the claim is worthy to be considered on the merits – deciding on the applicable rules and the scope of relevant facts (question of law) – establishing relevant facts (question of fact) – application the law to the established facts – final decision, rather than the judge's discretion.
The sequencing rules are also applicable to evidentiary matters. The criteria of relevance, materiality, admissibility, credibility, probative value and sufficiency need to be applied not chaotically, but as a logical sequence which was primarily elaborated in international arbitration and later adopted in domestic court proceedings. Relevance and admissibility should be categorized as properties of evidence and simultaneously criteria of their admission by courts, whereas reliability (credibility, authenticity) and weight of evidence (probative value) ought to be considered as their evaluation criteria, together with sufficiency being a criterion for evaluating the whole system of evidence presented as proof of a particular circumstance. The weight (probative value) and reliability of evidence, as well as sufficiency of the evidence submitted as proof of a particular circumstance to be the criteria of evaluation of evidence, the application of which is a question of fact. The process of obtaining the evidence associated with deciding on relevance and admissibility, and further evaluation of the evidence based on criteria of reliability, weight and sufficiency needs to be viewed as a stepwise, consistent process.
Finally, when deciding upon the merits of the case the following sequence may be applied normally: 1) determination of the rights the plaintiff aims to defend and whether they actually exist; 2) court's opinion on whether the violation of those rights occurred; 3) opinion on whether the violated rights can be defended (reinstated or compensated) in a way prayed by the plaintiff (opinions on the effectiveness of a prayed remedy, its proportionality, on whether the rights deserve to be defended, questions of limitation of action).
Sequencing rules also affect the integration of artificial intelligence into decision-making process, as it requires and greatly benefits from the establishment of logical algorithms of decision-making process, rather than collection of data and making decisions driven by inductive logic.
Keywords: AI, Judicial Decision-Making, Decisional Sequencing, procedural law, legal proceedings, justice
JEL Classification: C63, C88, K10, K41
Suggested Citation: Suggested Citation