Can predictive justice improve the predictability and consistency of judicial decision-making?

    Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

    Abstract

    There has recently been talk of algorithms that predict decisions in legal cases being used by the judiciary to improve the predictability and consistency of judicial decision making. We argue that their use may minimise the error rate of decisions in the long run, but that this would require not only major technical advances but also major changes in legal thinking about what is the most important objective of judicial decision-making: optimising individual justice in a particular case or reducing errors in the long run. We further argue that if algorithmic decision predictors give any useful information in individual cases to judges at all, this is not in its predictions but in its explanations.

    Original languageEnglish
    Title of host publicationLegal Knowledge and Information Systems. JURIX 2021: The Thirty-Fourth Annual Conference
    EditorsErich Schweighofer
    PublisherIOS Press
    Pages207-214
    Number of pages8
    ISBN (Electronic)978-1-64368-253-2
    ISBN (Print)978-1-64368-252-5
    DOIs
    Publication statusPublished - 2021

    Publication series

    NameFrontiers in Artificial Intelligence and Applications
    PublisherIOS Press
    Volume346
    ISSN (Print)0922-6389
    ISSN (Electronic)1879-8314

    Bibliographical note

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