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Recent technological advances have enabled the integration of artificial intelligence (AI) in various fields, including that of justice. AI tools can help analyze thousands of legal documents in a few minutes or even predict court decisions. However, this intrusion of technology raises ethical and philosophical questions: can justice devoid of emotion be considered just?
The potential contributions of AI to the judicial system
AI has several advantages for the justice sector:
- It allows rapid and efficient analysis of large quantities of data, which facilitates the work of magistrates and accelerates decision-making.
- Judicial decision prediction algorithms can contribute to better consistency between judgments rendered by courts, drawing on thousands of past case laws.
- AI tools can also optimize the management of legal cases, by automating certain administrative tasks and facilitating communication between the different actors in the judicial system.
However, the arrival of AI in justice raises questions about its ability to integrate subjective and emotional elements, essential in the exercise of justice.
Emotion, an essential dimension of the judicial system
The judicial system is fundamentally human and is based on principles such as empathy, compassion and taking into account extenuating circumstances. Magistrates are thus required to assess the credibility of testimonies and to feel the emotions of litigants to better understand their situation.
At the Paris judicial court, for example, defendants appear before a judge for having cyberharassed and threatened an influencer. Their calm and apologetic attitude contrasts with the content of the messages they posted on social networks. How could an algorithm perceive this difference and appreciate the remorse expressed by the defendants?
The limits of AI in complex situations
When it comes to cases involving complex situations or emotional factors, AI seems less capable of rendering a fair and appropriate decision. In Trappes, a 6-year-old girl was hit by a car whose driver tested positive for drugs. Taking into account the emotions felt by the victims’ loved ones and understanding the circumstances of the accident are essential to making a balanced decision.
The risks of justice without emotion
Justice devoid of emotion and based solely on objective data could lead to:
- Court decisions that are too rigid or disproportionate, not taking into account mitigating circumstances or human factors.
- A lack of empathy towards victims and litigants, which could lead to a loss of confidence in the judicial system.
- A difficulty in assessing the credibility of the testimonies and the authenticity of the remorse expressed by the defendants.
It is therefore crucial to find a balance between the contributions of AI and the importance of preserving the human and emotional aspect within justice.
Towards complementarity between AI and magistrates
Rather than considering AI as a threat to the exercise of justice, it is appropriate to think about its integration in a manner that complements human skills. AI tools can thus be used to facilitate and accelerate certain aspects of magistrates’ work, while leaving them responsible for making final decisions and evaluating complex and emotional situations.
Ultimately, if AI can provide valuable assistance to the judicial system in terms of efficiency and consistency, it cannot replace the human and emotional aspect.
Sources
- https://www.20minutes.fr/justice/4038309-20230524-paris-gros-nnard-dix-personnel-jugees-cyberharcelement-influenceur
- https://rmc.bfmtv.com/actualites/police-justice/faits-divers/c-est-dramatique-emotion-et-recueillement-a-trappes-ou-une-fillette-de-6-ans-a- ete-fauchee_AV-202305240704.html
- https://www.entreprises.fr/la-confiance-ca-se-merite/
- https://www.tf1info.fr/justice-faits-divers/video-marseille-rue-de-tivoli-immobilier-collapse-en-pleine-nuit-habitants-blesses-victimes-2253520.html
