JudicialTech Supporting Justice

Abstract

We define JudicialTech as Artificial Intelligence (AI) and emerging technologies’ systems for Judges, courts and other forms of dispute resolution. JudicialTech is about supporting the Judiciary, enhancing access to Justice, and potentially increasing fairness in the Judicial system. However, the introduction of new technology needs to be controlled by the Judiciary, to maintain public confidence in the legal system and Rule of Law.

The rapid adoption of new forms of AI and emerging technologies in courts is transforming criminal and civil trials and can be beneficial to all stakeholders. However, in a broader context, the use of Judicial algorithms raises existential issues around the future of the legal system, not least ‘can/should computers replace or merely supplement Judges’ decisions?’

This paper reviews the future impact of JudicialTech, using the stages of the Judicial process.

The unique focus and contribution of this paper is technology: identifying how JudicialTech can enhance the Judicial process but also how certain forms of unregulated Judicial algorithms could negatively impact the Rule of Law. As a conclusion, recommendations are presented for harnessing JudicialTech innovation, already used extensively for online filing and case management. The paper recognizes that there is clear scope for the Judiciary to use emerging technology to support their decision making and to create efficiency savings, which in turn can promote access to Justice. Claims that algorithmic decision-making is ‘better’ in terms of reduced bias and increased transparency, risks erosion of the principle that legal decisions should be made by humans.

Keywords: JudicialTech, AI, LawTech, Emerging Technologies

JEL Classification: L