Artificial Intelligence v. Emotional Intelligence in the Judicial System

In today’s day and age where technology has overtaken almost every aspect of manual labour and decision making, the debate around whether this should be the case in the judicial system is still ongoing. On the one hand, a judge is expected to be the perfect embodiment of justice and law delivered to a victim, while on the other, there exists the reality that man is never free from his emotions and thus cannot make decisions without the risk of an internal bias or prejudice – the existence of which is sometimes unknown even to man himself.

Artificial Intelligence (AI) is quickly gaining ground as the supposed ‘cure’ to this inward inability of a judge to make bias-free judgements. Formally defined, Artificial Intelligence refers to “systems that, given a complex goal, act in the physical or digital world by perceiving their environment, interpreting the collected structured or unstructured data, reasoning on the knowledge derived from this data and deciding the best action(s) to take to achieve the given goal1.”

AI has gained such vast importance in the judicial sphere that the European Commission for the Efficiency of Justice (CEPEJ) has even formally adopted the five fundamental principles on the use of AI in judicial systems2, namely:

1. Principle of respect for fundamental rights.
2. Principle of non-discrimination.
3. Principle of quality and security.
4. Principle of transparency, impartiality, and fairness.
5. Principle under user control.

While these efforts to bring AI under statutory law are commendable, their efficiency remains to be proven. However, it has been without a doubt determined, that AI is an extremely valuable asset when it comes to judicial documentation and legal research processes.

1 Sampaio, E., 2019. Artificial Intelligence and the Judicial Ruling. [online] Ejtn. EU. Available at:<https://www.ejtn.eu/PageFiles/17916/TEAM%20PORTUGAL%20I%20TH%202019%20D.pdf> [Accessed 3 September 2021].
2 Contini, F., n.d. Artificial Intelligence: A New Trojan Horse for Undue Influence on Judiciaries?. [online] Unodc.org. Available at: <https://www.unodc.org/dohadeclaration/en/news/2019/06/artificial-intelligence_-a-new trojan-horse-for-undue-influence-on-judiciaries.html> [Accessed 3 September 2021].

On the other side of the spectrum lies Emotional intelligence which can be described as knowing we are moved by our feelings and understanding the impact of them on ourselves and others. A Judge’s awareness of these emotions can influence the judicial process through specific contexts relevant to each case. While the ‘sympathy factor’ can make it easy for judges to find favour with victims, biases lead to judges making judgements that favour parties based on their subconscious preferences.

However, it is safe to say that humanity’s deep need for connections will prevent a holistic AI infrastructure in the judicial system, enabling public trust and accountability for judges worldwide.

Nikitha Abigail
Writer