The Use of Algorithms to Support Judicial Decision-Making in Criminal Matters with a Special Focus on Trial Decisions

Abstract

The article focuses on comparing human and artificial intelligence (AI) in legal decision-making in the realm of criminal justice, through addressing the limitations and potential of AI in the various stages of legal proceedings. While AI may be capable of assessing certain aspects of such procedures, its utilization remains narrow and cannot replace the nuanced judgment and contextual understanding provided by human decision-makers. As such, some of the main points to be discussed herein include exploring the domains in which AI could support specific steps in the decision-making processes within the criminal justice system, such as identifying elements of crimes through statistical patterns, reviewing the legality of judicial documents and potentially helping with routine decisions. The paper also highlights the limitations of AI, emphasizing its constraints in understanding context, meaning and causality, which are crucial in legal interpretations. The challenges presented by ethical and philosophical dilemmas surrounding the integration of AI into the justice system are also discussed, suggesting that while AI might aid in specific tasks, fundamental aspects of legal decision-making rooted in centuries-old axioms, such as individualised judgments and the consideration of human values like fairness and justice, remain beyond the capabilities of current AI systems. Finally, deliberation of the ongoing debates within the European Union regarding the utilization of AI, particularly legislation and regulation of ethical use in legal systems, highlighting the need for stringent rules and supervision to ensure accountability and to prevent potential misuse of AI technologies.