Published September 29, 2022 | Version v1
Conference paper Open

Core Tenets For Designing A Reliable Predictive Justice AI System

Creators

  • 1. Sant'Anna School of Advanced Studies, Pisa

Description

The use of predictive analytics in the legal sphere to facilitate insights and reliance on AI Systems by the judiciary and the lawyers is a tall order to fill. Legal roles across jurisdictions were built and based on the premise that they will be carried out by natural persons, as is adequately reflected in the legislations across jurisdictions which define both- a lawyer and a judge, as a natural person with prescribed qualifications and levels of expertise. However, with the nuanced developments of artificial intelligence and its application in the sphere of legal studies and legal jurisprudence, there have been many cases where lawyers and judges rely on the insight provided by an AI system to further accentuate their own deliberations and reasonings. 

 

But the use of artificial intelligence in the legal domain is just that- a tool to accentuate the deliberations of a judge or a lawyer i.e. a natural person (Deliberative Justice). In order to create a reliable Predictive Justice AI System, which can shoulder the workload of a natural person without requiring overarching oversight, there are some core tenets that the AI System must fulfil, thus allowing it to be considered reliable. Although we are a significant distance away from an AI System passing the Turing test, The degree of reliance which may be placed on an AI system in the legal domain can be derived from its ability to adhere to the principles of natural justice, which are the fulcrum of a robust judicial system across the world. These principles are as follows- (1) The adjudicating authority must not be biased whether in favour of or against the persons seeking legal recourse; (2) Pronouncement of a reasoned order by the adjudication authority; (3) No inordinate delay in adjudication; (4) Ability of a person to make legal representation in front of the adjudication authority and; (5) Adequate notice to be provided to a person to prepare for the legal proceedings initiated against them.

 

The adherence to the principles of natural justice requires the AI System developed for deployment in the sphere of Predictive Justice to be modelled while keeping in mind the importance of not just explainability, and identification of computational bias but also making provisions for allowing for persons to interact directly with the Predictive Justice AI System that adjudicating authorities may rely upon. Further, with the nexus of technology laws (both sectoral and ombudsman in nature) in force across the world, especially the EU, there is a mandatory obligation of corporations looking to create reliable Predictive Justice AI systems, to adhere to appropriate requirements.  A coherent cooperation between the regulatory and technological elements can lead to the creation of a potentially trustworthy AI, which is best understood as an AI that is lawful, ethically adherent, and technically robust in tandem with the use for which it has been created. Thus, through my research, I propose the incorporation of the principles of natural justice as a core tenet for the creation of a trustworthy Predictive Justice AI system that can bridge the gap between deliberative justice and Predictive Justice. 

Files

Files (40.7 kB)

Name Size Download all
md5:5dadb4add5f8b488d769118d527e9f02
40.7 kB Download

Additional details

Funding

LeADS – Legality Attentive Data Scientists 956562
European Commission