International Journal of Online Dispute Resolution

Article

Artificial Intelligence in the Courtroom

Increasing or Decreasing Access to Justice?

Keywords artificial intelligence, robojudge, separation of powers, algorithm, due proces
Authors Analisa Morrison
Author's information

378338 Analisa Morrison
Juris Doctor Candidate, 2021, University of the Pacific, McGeorge School of Law
  • Abstract

      Jurisdictions around the world are experimenting with the use of artificially intelligent systems to help them adjudicate cases. With heavily overloaded dockets and cases that go on for years, many courts in the U.S. are eager to follow suit. However, American authorities should be slow to substitute human judges with automated entities. The uniqueness of the U.S. Constitution has demands that artificially intelligent “judges” may not be able to meet, starting with a machine’s lack of what may be called “true intelligence”. Philosopher John Searle wrote about the distinction between true intelligence and artificial intelligence in his famous “Chinese Room” analogy, which is applicable to the discussion of artificial intelligence in the courtroom. Former Navy Reserves officer, robotics engineer, and current patent lawyer Bob Lambrechts analyzed the idea of robots in court in his article, May It Please the Algorithm. Other scholars have started to explore it, too, but the idea of robots as judges remains a vast legal frontier that ought to be excavated thoroughly before it is inhabited by the American legal system.

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