As the judicial system contemplates the incorporation of generative AI technologies, courts, policymakers, and regulators find themselves at a crossroads, seeking a balanced approach to harness these technologies for enhancing judicial decision-making while ensuring ethical integrity and responsible use ...

Artificial intelligence at the bench: Legal and ethical challenges of informing—or misinforming—judicial decision-making through generative AI

"This article delves into the transformative potential and inherent challenges of incorporating GenAI into the domain of judicial decision-making. The article provides a critical examination of the legal and ethical implications that arise when GenAI is used in judicial rulings and their underlying rationale. While the adoption of this technology holds the promise of increased efficiency in the courtroom and expanded access to justice, it also introduces concerns regarding bias, interpretability, and accountability, thereby potentially undermining judicial discretion, the rule of law, and the safeguarding of rights. Around the world, judiciaries in different jurisdictions are taking different approaches to the use of GenAI in the courtroom. Through case studies of GenAI use by judges in jurisdictions including Colombia, Mexico, Peru, and India, this article maps out the challenges presented by integrating the technology in judicial determinations, and the risks of embracing it without proper guidelines for mitigating potential harms. Finally, this article develops a framework that promotes a more responsible and equitable use of GenAI in the judiciary, ensuring that the technology serves as a tool to protect rights, reduce risks, and ultimately, augment judicial reasoning and access to justice."

Article Artificial intelligence at the bench: Legal and ethical chal...