Artificial intelligence at the bench: Legal and ethical challenges of informing—or misinforming—judicial decision-making through generative AI
Generative artificial intelligence (GenAI) has gained significant popularity in recent years. It is being integrated into a variety of sectors for its abilities in content creation, design, research, and many other functionalities. The capacity of GenAI to create new content—ranging from realistic i...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Cambridge University Press
2024-01-01
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| Series: | Data & Policy |
| Subjects: | |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2632324924000531/type/journal_article |
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| Summary: | Generative artificial intelligence (GenAI) has gained significant popularity in recent years. It is being integrated into a variety of sectors for its abilities in content creation, design, research, and many other functionalities. The capacity of GenAI to create new content—ranging from realistic images and videos to text and even computer code—has caught the attention of both the industry and the general public. The rise of publicly available platforms that offer these services has also made GenAI systems widely accessible, contributing to their mainstream appeal and dissemination. This article delves into the transformative potential and inherent challenges of incorporating GenAI into the domain of judicial decision-making. The article provides a critical examination of the legal and ethical implications that arise when GenAI is used in judicial rulings and their underlying rationale. While the adoption of this technology holds the promise of increased efficiency in the courtroom and expanded access to justice, it also introduces concerns regarding bias, interpretability, and accountability, thereby potentially undermining judicial discretion, the rule of law, and the safeguarding of rights. Around the world, judiciaries in different jurisdictions are taking different approaches to the use of GenAI in the courtroom. Through case studies of GenAI use by judges in jurisdictions including Colombia, Mexico, Peru, and India, this article maps out the challenges presented by integrating the technology in judicial determinations, and the risks of embracing it without proper guidelines for mitigating potential harms. Finally, this article develops a framework that promotes a more responsible and equitable use of GenAI in the judiciary, ensuring that the technology serves as a tool to protect rights, reduce risks, and ultimately, augment judicial reasoning and access to justice. |
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| ISSN: | 2632-3249 |