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The Application of Judicial Intelligence and 'Rules' to Systems Supporting Discretionary Judicial Decision-Making

The Application of Judicial Intelligence and 'Rules' to Systems Supporting Discretionary Judicial... 204 CYRUS TATA cation of different conceptual approaches to information technology to the judicial sentencing process. Perhaps more than any other group of users in legal domains, the effectiveness of a decision support system for judges is determined by judicial acceptance. While in other areas, users may feel obliged to consult a decision support system, in sentencing, judges who may be confronted with a system which seems alien to judicial intuition can immediately invoke the powerful currency of ‘judicial independence’ to eliminate the expectation that judges ought to be influenced by a such computer system, or, indeed any other form of systematic information or education (see for example, Armytage, 1995). Thus judges enjoy wide legally-defined ‘discretion’ in deciding whether or not to accept the introduc- tion of a decision support system. How can decision support systems be accepted by judges and be genuinely effective? This article examines how the conceptual content of computer programmes intended to support judicial decision-making can increase the likelihood of their acceptance and usefulness to their users. Consideration of judicial sentencing support systems as a means of allowing reform of sentencing practice necessitates at least some discussion of reforms world-wide in recent years. Over the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Artificial Intelligence and Law Springer Journals

The Application of Judicial Intelligence and 'Rules' to Systems Supporting Discretionary Judicial Decision-Making

Artificial Intelligence and Law , Volume 6 (4) – Oct 16, 2004

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Publisher
Springer Journals
Copyright
Copyright © 1998 by Kluwer Academic Publishers
Subject
Computer Science; Artificial Intelligence (incl. Robotics); International IT and Media Law, Intellectual Property Law; Philosophy of Law; Legal Aspects of Computing; Information Storage and Retrieval
ISSN
0924-8463
eISSN
1572-8382
DOI
10.1023/A:1008274209036
Publisher site
See Article on Publisher Site

Abstract

204 CYRUS TATA cation of different conceptual approaches to information technology to the judicial sentencing process. Perhaps more than any other group of users in legal domains, the effectiveness of a decision support system for judges is determined by judicial acceptance. While in other areas, users may feel obliged to consult a decision support system, in sentencing, judges who may be confronted with a system which seems alien to judicial intuition can immediately invoke the powerful currency of ‘judicial independence’ to eliminate the expectation that judges ought to be influenced by a such computer system, or, indeed any other form of systematic information or education (see for example, Armytage, 1995). Thus judges enjoy wide legally-defined ‘discretion’ in deciding whether or not to accept the introduc- tion of a decision support system. How can decision support systems be accepted by judges and be genuinely effective? This article examines how the conceptual content of computer programmes intended to support judicial decision-making can increase the likelihood of their acceptance and usefulness to their users. Consideration of judicial sentencing support systems as a means of allowing reform of sentencing practice necessitates at least some discussion of reforms world-wide in recent years. Over the

Journal

Artificial Intelligence and LawSpringer Journals

Published: Oct 16, 2004

References