Paths to Digital Justice

Judicial Robots, Algorithmic Decision-Making, and Due Process

Bibliographic Data

ID5125354
AuthorsPedro Rubim Borges Fortes (0000-0003-0548-4537)
Year2020
Volume7
Issue3
Pages453-469
Publication date2020-10-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAsian Journal of Law and Society (JOURNAL)
Journal identifiersISSN: 2052-9015 • E-ISSN: 2052-9023
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/als.2020.12
OpenAlexW3153103101
LanguageEN
Citations received4
References cited19

The paths to digital justice focus on the challenges of contemporary digital societies in reaching automated decision-making processes through software, algorithms, and information technology without loss of its human quality and the guarantees of due process. In this context, this article reflects on the possibilities of establishing judicial robots in substitution for human judges, by examining whether artificial intelligence and algorithms may support judicial decision-making independently and without human supervision. The point of departure for this analysis comes from the experience of criminal justice systems with software for judgment of the possibility of recidivism of criminal defendants. Algorithmic decision-making may improve the public good in support of judicial decision-making, but the analysis of current technology and our standards for due process of law recommends caution on the conclusion that robots may replace human judges and satisfy our expectations for explainability and fairness in adjudication

Adjudication · Context (archaeology · Criminal justice · Criminology · Economic Justice · Judicial opinion · Political science · Process (computing · Recidivism · Robot · Sociology · Artificial Intelligence in Law · Computer Science · Ethics and Social Impacts of AI · Law, AI, and Intellectual Property · Artificial Intelligence · Law · Software

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