Abstract
Artificial Intelligence (“AI”) is a computer program imitating human thinking process, which uses efficient means to gather and analyze data. The AI technology has already been used in judicial practice for legal analysis, risk assessment, sentencing guideline, and forensic science. This technology could also be used to determine patent and trademark infringement and prosecution. Moreover, AI can also be used in analyzing crime hotspot and subsequently in predictive policing. Despite these benefits, some challenges indeed exist when applying AI in judicial practice. Artificial Intelligence could hardly deal with issues relating to logic and general knowledge. The AI decision-making process often creates discrimination and privacy concerns. Additionally, it is worth debating how to make the algorithm transparent and supervised. Using the algorithm and personal data should also comply with current legal rules. This article aims to address all the possible applications and challenges while using AI in judiciary, and then to conclude and suggest for the future usage.
Translated title of the contribution | Possible Application and Challenge of Artificial Intelligence in Judicial Practice |
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Original language | Chinese (Traditional) |
Pages (from-to) | 43-108 |
Number of pages | 66 |
Journal | 國立中正大學法學集刊 |
Volume | 62 |
State | Published - Jan 2019 |
Keywords
- Artificial Intelligence (AI)
- Risk-Need Assessment Tool
- Sentencing Guideline
- Due Process
- Forensic Science
- Predictive Policing
- Discrimination
- Privacy
- Reasonable Suspicion
- General Data Protection Regulation (GDPR)
- Transparency and Supervision