This article was first published by Thomson Reuters in the «Journal of Judicial Administration» and should be cited as «Kalliopi Terzidou, The Use of Artificial Intelligence in the Judiciary and Its Compliance with the Right to a Fair Trial, March 29 2022, Volume 31, Part 3, JJA, 154». For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.au
Artificial Intelligence; Judicial Administration; Right to a Fair Trial
Abstract :
[en] European courts are increasingly investing in Artificial Intelligence (AI) applications for the automation of the administration of justice, to improve the efficiency and quality of the judiciary. However, AI can display considerable issues, such as opaqueness and unfair bias, resulting from the defective designing of their algorithms. This article explores the opportunities and risks of AI technology for court users – including judicial staff, legal representatives and litigants – by investigating proposed and developed applications by European judiciaries under the right to a fair trial. AI is found to pose certain risks to the independence and impartiality of the judiciary, as well as to the adversarial and public character of court proceedings, notwithstanding the opportunities for the improvement of access to courts. The regulatory solutions for the safe use of AI adopted by European judiciaries can encourage similar practices in other judiciaries, including Australia and the United States.
Disciplines :
Judicial law
Author, co-author :
Terzidou, Kalliopi ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
External co-authors :
yes
Language :
English
Title :
The Use of Artificial Intelligence in the Judiciary and Its Compliance with the Right to a Fair Trial
