Data analysis, artificial intelligence and the judiciary system

Abstract

This chapter discusses the challenges and transformation the judiciary faces with the advent of AI (artificial intelligence). Rather than focusing on the much debated ‘robot judge’, the authors discuss developments that are more realistic such as analytics to support judicial activities, including tools for understanding and modelling the judicial process, for promoting uniformity and efficiency in judicial practice as well as flexibility, efficiency and accuracy in judicial tasks. The authors also exemplify the specific risks for the judiciary that come with AI. Finally they develop a framework (compass) that aims to facilitate the discussion on whether AI should or should not be applied by the judiciary given core values such as independency, impartiality, integrity, transparency, the principles of due process, proper procedural law, as well as other professional standards.