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Algorithms in the court: does it matter which part of the judicial decision-making is automated?

Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasin...

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Autores principales: Barysė, Dovilė, Sarel, Roee
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer Netherlands 2023
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9826621/
https://www.ncbi.nlm.nih.gov/pubmed/36643574
http://dx.doi.org/10.1007/s10506-022-09343-6
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author Barysė, Dovilė
Sarel, Roee
author_facet Barysė, Dovilė
Sarel, Roee
author_sort Barysė, Dovilė
collection PubMed
description Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasing accuracy, the presence of technology in the judicial process may also affect the public perception of the courts. In particular, if individuals are averse to adjudication that involves a high degree of automation, particularly given fairness concerns, then judicial technology may yield lower benefits than expected. However, the degree of aversion may well depend on how technology is used, i.e., on the timing and strength of judicial reliance on algorithms. Using an exploratory survey, we investigate whether the stage in which judges turn to algorithms for assistance matters for individual beliefs about the fairness of case outcomes. Specifically, we elicit beliefs about the use of algorithms in four different stages of adjudication: (i) information acquisition, (ii) information analysis, (iii) decision selection, and (iv) decision implementation. Our analysis indicates that individuals generally perceive the use of algorithms as fairer in the information acquisition stage than in other stages. However, individuals with a legal profession also perceive automation in the decision implementation stage as less fair compared to other individuals. Our findings, hence, suggest that individuals do care about how and when algorithms are used in the courts.
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spelling pubmed-98266212023-01-09 Algorithms in the court: does it matter which part of the judicial decision-making is automated? Barysė, Dovilė Sarel, Roee Artif Intell Law (Dordr) Original Research Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasing accuracy, the presence of technology in the judicial process may also affect the public perception of the courts. In particular, if individuals are averse to adjudication that involves a high degree of automation, particularly given fairness concerns, then judicial technology may yield lower benefits than expected. However, the degree of aversion may well depend on how technology is used, i.e., on the timing and strength of judicial reliance on algorithms. Using an exploratory survey, we investigate whether the stage in which judges turn to algorithms for assistance matters for individual beliefs about the fairness of case outcomes. Specifically, we elicit beliefs about the use of algorithms in four different stages of adjudication: (i) information acquisition, (ii) information analysis, (iii) decision selection, and (iv) decision implementation. Our analysis indicates that individuals generally perceive the use of algorithms as fairer in the information acquisition stage than in other stages. However, individuals with a legal profession also perceive automation in the decision implementation stage as less fair compared to other individuals. Our findings, hence, suggest that individuals do care about how and when algorithms are used in the courts. Springer Netherlands 2023-01-08 /pmc/articles/PMC9826621/ /pubmed/36643574 http://dx.doi.org/10.1007/s10506-022-09343-6 Text en © The Author(s) 2023 https://creativecommons.org/licenses/by/4.0/Open AccessThis article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ (https://creativecommons.org/licenses/by/4.0/) .
spellingShingle Original Research
Barysė, Dovilė
Sarel, Roee
Algorithms in the court: does it matter which part of the judicial decision-making is automated?
title Algorithms in the court: does it matter which part of the judicial decision-making is automated?
title_full Algorithms in the court: does it matter which part of the judicial decision-making is automated?
title_fullStr Algorithms in the court: does it matter which part of the judicial decision-making is automated?
title_full_unstemmed Algorithms in the court: does it matter which part of the judicial decision-making is automated?
title_short Algorithms in the court: does it matter which part of the judicial decision-making is automated?
title_sort algorithms in the court: does it matter which part of the judicial decision-making is automated?
topic Original Research
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9826621/
https://www.ncbi.nlm.nih.gov/pubmed/36643574
http://dx.doi.org/10.1007/s10506-022-09343-6
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