Robot judges 'will pass sentence with no human bias' in AI courts
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Robot judges 'will pass sentence with no
human bias' in AI courts
Increasing use
of AI in legal system points the way to an all-robot courtroom
ByMichael MoranAudience
WriterUPDATED13:29,
19 OCT 2019
It’s likely that most people locked in our jails believe that
with a better lawyer, a more lenient judge or a more understanding jury things
might have been very different for them.
Human
error, they will say, is to blame for them being banged up.
But can the human element be removed? Law firms are already
using computer algorithms to perform background research other tasks
traditionally performed by human staff. And that’s just the beginning.
As computer researchers get closer to
creating true Artificial Intelligence, it's predicted to eliminate most
paralegal and legal research positions within the next decade.
The
next step inevitably involves artificial intelligences aiding, or even
completely replacing lawyers. And if we have robot lawyers, why not automated
judges and juries too? Why not a fully solid-state legal system?
Lawyer Tom Girardi, who was one of the
real-life inspirations for the movie Erin Brockovich, told Forbes: “It may
even be considered legal malpractice not to use AI one day
“It would be analogous to a lawyer in the late twentieth century still doing
everything by hand when this person could use a computer.”
Writer Rossalyn Warren points
out that people are, by their nature, flawed. Flesh-and-blood jurors and judges
will always bring their own prejudices into the courtroom.
But a robot juror, she says, "could
be crammed with a far broader range of facts and figures about the nature of
crime, cases on record and the law, making it much more worthwhile than a juror
who has little awareness on such matters.”
She
goes on: “Expecting randomly selected members of the public to decide the fate
of a person in a jury system is outdated because the notion of a fair and
impartial jury doesn’t exist.”
Even cross examinations could be
outsourced to an automated system. A thought-provoking experiment shows that
people are more likely to be completely honest with an unemotional machine than
a potentially judgemental human.
When researchers led by Jonathan Gratch
at the Institute for Creative Technologies created an artificially intelligent
robot psychologist named Ellie they tested it on two groups of people.
Half
were told Ellie was just a machine that was able to ask probing questions and
understand their respondents’ emotions with 3D cameras. Those people were shown
to give more honest responses to "her" while the experimental
subjects that were told that Ellie was being operated by a human ‘puppeteer’
gave less direct answers.
Apart from the possibility of getting a
fairer result, raw economics come into play too.
“If a lawyer can use AI to win a case
and do it for less than someone without AI,” says Tom Girardi, “who do you
think the client will choose to work with next time?”
But
a solid-state legal system with no humans involved isn’t necessarily more
error-proof than our existing system. Former Prime Minister Theresa May, in an address
last year to the Davos Forum, pointed out that we need to develop a set of laws
governing Artificial Intelligence so we can “make the most of AI in a
responsible way, such as by ensuring that algorithms don’t perpetuate the human
biases of their developers.”
After all, as Ms Warren points out: “AI,
computers and legal robots are made by humans. “Technology, like humans, can
make mistakes and hold the same discriminatory factors.
"For
example," she goes on "people of colour are more likely to trigger a
'false positive' match than white people on facial recognition software, which
means they are more likely to be subjected to a wrongful police stop and
search.”
And the real danger there is that a machine’s bias is less likely to be
questioned by a human’s.
If you end up jailed on a robot judge’s
decision, there’s even less chance that your pleas of innocence will be
believed.
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