DIGITAL TECHNOLOGIES IN
THE LEGAL SECTOR
AI-Based Technologies in Courts - Practices,
Standards and Challenges




                                                Helen Burrows
                          International Justice Reform Expert
                                             May 17, 2023
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      Overview




                 1       Types and benefits of traditional and AI-based
                         technologies in courts.


                           Legal and ethical standards and the
                     2     challenges they present.



                 3       A way forward.




      1
Slide 2

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          francesco contini, 2023-05-04T10:46:26.230
Traditional Court Technology Platform




2
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      AI-Based Technology in Courts

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               Discovery: UK, USA



               Triage: Columbia, Australia



               Information: Canada



               Transcription: Italy, India



      3
Slide 4

AR0       The bias came from the data, which showed high incarceration rates of black people, not from the design of COMPAS
          A.D. Reiling, 2023-05-03T11:43:31.342

fc1       is transcription a determinative tech?
          francesco contini, 2023-05-04T10:48:46.389
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      AI-Based Technology in Courts

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               Risk assessment: USA



               Sentencing: Malaysia



               Forecasts and decisions: Argentina,
               China




      4
Slide 5

AR0       The bias came from the data, which showed high incarceration rates of black people, not from the design of COMPAS
          A.D. Reiling, 2023-05-03T11:43:31.342

fc1       is transcription a determinative tech?
          francesco contini, 2023-05-04T10:48:46.389
Legal and Ethical Standards and Challenges




      Fundamental               Non-             Data quality and
         rights            discrimination            security




                Transparency,
               impartiality and         User agency
                   fairness


      European Commission for the Efficiency of Justice - Ethical
           Charter on the Use of AI in Judicial Proceedings

5
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      A Way Forward


          Policy, legislation and strategic plans must proceed and provide a
          coherent approach to advancement in judicial AI. This must include:



                   Judges: understanding how AI works, collaborating with
                   programmers to develop AI and having agency over it.

                     Courts: digitising AI-readable data, monitoring systems for
                     effectiveness and making necessary adjustments.

                   Technology: developed according to specific case needs,
                   being accessible, monitored, correctable and appealable.




      6
Slide 7

fc0       any positive implication?
          francesco contini, 2023-05-04T10:46:26.230