A nugget of reason from someone who went to the same school as I did -
Using AI to drive risk assessments would, she says, simply transfer biases from humans to human-created algorithms. Bad data in leads to bad data out. “Proponents of using AI in this way are shifting responsibility to the designers of the algorithm.”
Chugh points out that AI is already being considered for use in some Canadian courts. As a member of the Board of Governors of the Law Commission of Ontario, she admits to reservations about the ways the commission has considered the use of AI for matters like administrative court proceedings or by police as investigative tools.
One of the principal issues Chugh identifies with an overreliance on AI for risk assessments and other considerations is the absence of subjective discretion and deference. These, she notes, are key pillars of an independent judiciary. Laws and statutes provide parameters within which judges can operate and leave them some leeway while they consider relevant factors like individual histories and circumstances.
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