Artificial Intelligence and judiciary: on the dichotomy between assistance and replacement. Technical and environmental aspects

Abstract

This article explores the use of artificial intelligence systems in the judicial field, examining the main doctrinal opinions and the positions adopted by various countries. It highlights the role of the European Union, which is particularly receptive to the study of artificial intelligence in public administration. The technical and environmental issues accompanying the implementation of these systems in justice are addressed, including the state’s obligation to guarantee effective judicial protection and the difficulties inherent in replicating the personal and professional qualities of the human judge. Two paradigmatic approaches are also analysed: the judicial substitution model applied in China through the “Smart Courts” and the assistive model used in the United States with the COMPAS algorithm, which assists judges in making jurisdictional decisions, especially about deprivation of liberty. We also highlight the need for a multidisciplinary approach in adopting artificial intelligence in the judicial system, considering not only the technical advances but also the environmental implications to ensure a responsible and sustainable implementation.