Will the litigants of the future be defended by robots? Between technological fantasy and reality, a lawyer and a judge lay the bases for a reflection.
The Council of Europe has recently adopted an Ethical Charter on the use of artificial intelligence in judicial systems. “The AI will spread to the judicial realm and it is important to frame its use, especially in penal matters”, observes Myriam Quéméner Advocate General at the Court of Appeal of Paris, Doctor in Law and author of the book ” Le droit face à la disruption numérique “. The AI will be able to support decisions in repetitive cases, but also to establish scales or researching jurisprudence. The field of application is various, however AI “will not supplant the judge, who will never be a robot”, says Myriam Quéméner.
An algorithm is not a guarantee of neutrality
Lawyer Cécile Doutriaux, founder of the law firm Juris Défense and member of the Cyber-défense & Cybersecurity Chair of the écoles de Saint-Cyr, reminds us of the great relevance of this issue: “Today the French National Assembly voted on a reform of the justice system that allows the use of an algorithm to rule in cases of litigations worth less than €5000”. A reform that raises many questions. “This contributes to the argument according to which a judge could be replaced by more neutral and objective algorithm”.
Yet, the lawyer argues, not only the algorithm is created by a naturally biased human being, what is more is that the law also authorizes the automatization of a ruling without even allowing the litigants to appeal to a human being.