The Impact of Digital Technologies on Judicial Discretion (Using the Example of Artificial Intelligence)

Abstract

Abstract. The article examines the peculiarities of exercising judicial discretion in the context of the development and implementation of modern digital technologies. In particular, it analyzes the issues related to the advantages and risks of using artificial intelligence in the judicial system. The relevance of the above-mentioned issues is due, on the one hand, to the scale of digitalization of modern society’s life, and on the other hand, to the contradictory views of representatives of legal science and practice regarding the use of AI in the preparation of discretionary procedural decisions. Therefore, the purpose of the proposed article is to attempt to resolve some of the aforementioned contradictions, as well as to identify ways and means of rationalizing the use of artificial intelligence in justice. It is demonstrated that one of the main obstacles to the implementation of AI systems in the field of justice is the so-called "black box effect", which makes it difficult to achieve an appropriate degree of transparency and validity of judicial decisions made using such systems. In this regard, it is justified that an effective methodological means of overcoming this obstacle can be logical modeling of the basic principles of the functional organization of artificial intelligence, which opens up wide opportunities in terms of objectification and logical validity of procedural conclusions, even if they were obtained using AI. The thesis is argued according to which only those aspects of discretion that are of a formal-algorithmic nature can be modeled on the basis of AI systems (without affecting its moral-value, psychological, ethical, political-legal and other components that determine the specifics of the judge’s legal consciousness and inner convictions). Therefore, discretion should remain a prerogative of a person with the use of AI as a tool, but not as a subject of justice. It is on these principles that it is proposed to consider the issue of the limits of the use of artificial intelligence in law enforcement activities, regardless of which of its components it is used in (selection and analysis of case materials, evaluation of evidence provided by the parties, preparation of procedural conclusions, etc.). The practical significance of the results obtained lies in their focus on minimizing the risks of using AI systems in justice and enhancing the constructive effect of such use.

Keywords: legal regulation of technologies; justice; judicial discretion; information technology; artificial intelligence; expert systems; limits of AI application; judge’s legal consciousness; inner conviction.