Content Analysis of Judges’ Sentiments Toward Artificial Intelligence Risk Assessment Tools

Abstract

Objective: to analyze the positions of judges on risk assessment tools using artificial intelligence.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical and sociological.Results: Artificial intelligence (AI) uses computer programming to make predictions (e.g., bail decisions) and has the potential to benefit the justice system (e.g., save time and reduce bias). This secondary data analysis assessed 381 judges’ responses to the question, “Do you feel that artificial intelligence (using computer programs and algorithms) holds promise to remove bias from bail and sentencing decisions?”Scientific novelty: The authors created apriori themes based on the literature, which included judges’ algorithm aversion and appreciation, locus of control, procedural justice, and legitimacy. Results suggest that judges experience algorithm aversion, have significant concerns about bias being exacerbated by AI, and worry about being replaced by computers. Judges believe that AI has the potential to inform their decisions about bail and sentencing; however, it must be empirically tested and follow guidelines. Using the data gathered about judges’ sentiments toward AI, the authors discuss the integration of AI into the legal system and future research.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the legal risks of using artificial intelligence.

Keywords

• artificial intelligence
• judges
• decision-making tools
• public opinion
• algorithm aversion
• algorithm appreciation
• procedural justice
• legitimacy