AI and Transparency in Judicial Decision Making

Abstract

Transparency is essential for maintaining the accountability of the judiciary and justice system as a whole. Yet, judicial reliance upon predictive artificial intelligence (AI) tools is not always compatible with this core value. Drawing upon semi-structured expert interviews with members of the judiciary and legal profession, case law and real-life examples, we consider four questions: why transparency matters for judicial decision making; what information judges must communicate to satisfy its demands; whether this information is accessible; and what we might do about any deficit. We argue that judicial reliance upon AI-generated behavioural predictions warrants a stringent transparency th..