The Impact of Artificial Intelligence on the Right to a Fair Trial: Towards a Robot Judge?

2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Jasper Ulenaers
Keyword(s):  
Justice System ◽  
Social Process ◽  
Fair Trial ◽  
Extensive Literature ◽  
Legal Proceedings ◽  
Court Proceedings ◽  
The One ◽  
The Right ◽  
The Impact ◽  
Human Judge

AbstractThis paper seeks to examine the potential influences AI may have on the right to a fair trial when it is used in the courtroom. Essentially, AI systems can assume two roles in the courtroom. On the one hand, “AI assistants” can support judges in their decision-making process by predicting and preparing judicial decisions; on the other hand, “robot judges” can replace human judges and decide cases autonomously in fully automated court proceedings. Both roles will be tested against the requirements of the right to a fair trial as protected by Article 6 ECHR.An important element in this test is the role that a human judge plays in legal proceedings. As the justice system is a social process, the AI assistant is preferred to a situation in which a robot judge would completely replace human judges. Based on extensive literature, various examples and case studies, this paper concludes that the use of AI assistants can better serve legitimacy and guarantee a fair trial.

scholarly journals On the Issue of the Access of Citizens to Justice in the Conditions of Digitalization of Criminal Proceedings

Lex Russica ◽  
2020 ◽  
pp. 71-80
Author(s):  
N. V. Sofiychuk ◽  
L. A. Kolpakova
Keyword(s):  
Effective Interaction ◽  
Digital Technologies ◽  
Information Support ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Administration Of Justice ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
The One ◽  
The Right

The paper deals with the issues of ensuring access of citizens to justice in the conditions of introduction of digital technologies in criminal proceedings. The authors substantiate the obligation of the judiciary to ensure effective interaction with citizens and professional participants of procedural relations through electronic services and information resources. The paper analyzes socially useful effects from introduction of digital technologies in the mechanisms of court proceedings, as well as some emerging risks. Based on content analysis of Internet sites of the courts, the survey of different social groups, and analysis of the unfolding scientific discussions, the authors draw generalizing conclusions concerning the degree of accessibility of information posted on the relevant Internet pages, readiness of the society to widen the boundaries of digitalization in the field of legal proceedings, problems of introduction of digital technologies in criminal proceedings in comparison with other types of judicial proceedings. Proposals are made to optimize the information support of the activities of the courts. The authors conclude that due to introduction of digital technologies in the field of judicial proceedings a qualitative shift has taken place towards automation and simplification of clerical mechanisms. Search for the necessary information in the vast information field has become easier, as well as other positive social and legal changes have become possible. However, at this stage a complete transition to “digital proceedings”, at least in the field of criminal proceedings, is not possible, on the one hand, due to the very legalistic nature and essence of criminal procedure that requires participation of a human both at the pre-trial stages of the proceedings and at the level of administration of justice. On the other hand, the society is not ready yet to abandon traditional forms of interaction with the judicial system. The latter could inevitably lead to a violation of the right of citizens to access justice, since digital technologies are not yet available for a large group of the population due to a number of objective and subjective causes.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

Procedural fairness: Between human rights law and social psychology

2021 ◽  
pp. 092405192199274
Author(s):  
Cathérine Van de Graaf
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Well Being ◽  
Fair Trial ◽  
European Convention ◽  
Public Confidence ◽  
Social Psychological ◽  
Justice Research ◽  
The Right ◽  
The Impact

Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.

scholarly journals The impact of the transformation of the justice system on ensuring the independence of judges, prosecutors, and investigators

2020 ◽  
Vol 11 (3) ◽  
pp. 625-638
Author(s):  
Sergey A. Bochkarev ◽  
Keyword(s):  
Justice System ◽  
Judicial System ◽  
Medium Term ◽  
Legal Proceedings ◽  
The Past ◽  
Expected Result ◽  
Long Time ◽  
Immediate Supervisor ◽  
The Impact ◽  
Transformation Processes

The article examines the transformation processes of the domestic justice system over the past thirty years. The influence of structurally applied modifications of the system on its intangible aspects (independence, internal conviction, freedom of assessment, etc.), contributing to the administration and achievement of justice, is evaluated. Particular attention is paid to the study of the impact of justice reforms on the independence of its institutions and representatives because without guarantees and a state of independence, justice loses its meaning and turns into its opposite. According to the results of the study, it was revealed that organizational and structural measures to ensure the independence of the main subjects of legal proceedings were not complex, individual, and local in nature. The restructuring of the investigating authorities and the prosecutor’s office in 2007–2019, as well as the modification of the judicial system, were aimed at minimizing interdepartmental and interinstitutional dependence. However, the transformations did not affect the aspect of ensuring intra-departmental and intra-institutional independence of their subjects. As a result, the administrative dependence of an ordinary employee of the justice system in regard to his immediate supervisor remained at the same level. An assessment of the shortcomings of the reform made it possible to predict that the structuring of the justice system in the short and medium term will not lead to increased independence of investigators, prosecutors, and judges as a key and expected result. Ultimately, it will be reflected in the fact that for a long time these representatives did not subordinate to the law, but conversely they were placed in a position controlled by higher management and taught to properly comply with requirements.

scholarly journals Review of Some Procedural Witness Protective Measures at the International Criminal Tribunal for the Former Yugoslavia

2017 ◽  
Vol 13 (34) ◽  
pp. 251
Author(s):  
Romina Beqiri
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Fair Trial ◽  
Former Yugoslavia ◽  
Protective Measures ◽  
Balkan Region ◽  
The Right ◽  
The Impact

Given the spread terror and the abuses perpetrated in the Balkan region, many victims and witnesses of atrocities were deterred from testifying. The International Criminal Tribunal for the former Yugoslavia (ICTY or Tribunal) facilitated the appearance of witnesses and protected them in case of intimidation including by taking measures against those who would violate the confidentiality of the proceedings. This article aims to introduce some of the witness protective measures before the Tribunal, and particularly threats and risks they have faced in the context of the cases dealt with by the Tribunal. It reflects also upon groundbreaking measures of protection decided by the Tribunal and the challenges it has faced over the last two decades. It finally discusses the impact of such challenges on the right to a fair trial and how they were addressed.

Case-law of the European Court of Human Rights in juvenile cases. Selected cases

2019 ◽  
Vol 584 (9) ◽  
pp. 18-32
Author(s):  
Elżbieta Czyż
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Young Person ◽  
Fair Trial ◽  
European Countries ◽  
European Court ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights ◽  
Entire Procedure

The right to a fair trial, rules on deprivation of liberty are important standards in the entire procedure of dealing with juveniles, from detention to the end of court proceedings. The judgments of the European Court of Human Rights cited in the article illustrate what are the problems with complying with this standard in practice in several European countries, including Poland. It seems that one of the reasons may be declarative, apparent treatment of the rights of child/juvenile, especially when it concerns procedural rights. Teaching a young person respect for the law and responsibility for his behaviour requires subjective treatment so that he can feel, on his own example, the operation of a system based on clear, predictable, understandable rules.

scholarly journals The ‘Equality Of Arms’ In Macedonian Criminal Procedure

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 123-130
Author(s):  
Olga Kosevaliska
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Case Studies ◽  
Justice System ◽  
Criminal Procedure ◽  
Core Values ◽  
Fair Trial ◽  
Public Hearing ◽  
The Core ◽  
The Right

Abstract The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.

scholarly journals How to deal with conflict without using violence? Analysis of the colombian state and the law of victims, taking away arguments to illegal armed groups

Ad-gnosis ◽  
2019 ◽  
Vol 8 (8) ◽  
pp. 11-20
Author(s):  
Nelson Cano Holguín ◽  
Keyword(s):  
Western World ◽  
Peace Treaty ◽  
Armed Groups ◽  
Review Of The Literature ◽  
Political Will ◽  
The Law ◽  
The One ◽  
The Right ◽  
The Military ◽  
The Impact

The Colombian conflict has been one of the longest running disputes in the Western world. Although the signing of the peace treaty in 2016 gave hope back to the territory, this process did not happen overnight, so it was necessary to go through a historical journey to get the results today, where one of its fundamental milestones was the law of victims and the framework for peace. Through a review of the literature, this article seeks to analyze the impact on the Colombian conflict and the dynamics of the actors involved from the perspective of the law of victims. Among the most significant findings is that the Victims’ Law should not be seen as a panacea to solve all the country’s problems. Few recognize that it is a first step in the right direction, and the government’s courage to take it must be stressed. In that sense, the authorities must show good intentions, imagination and political will to allow the military response on the one hand, and generate and implement initiatives and policies with facts on the other hand.

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