Why a human court?: on the right to a human judge in the context of the fair trial principle

• Autores: Marcin Górski
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 1, 2023 (Ejemplar dedicado a: Artificial intelligence), págs. 83-88
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • For centuries, “doing justice” has been a fundamentally anthropocentric effort: Humankind has been placed at the centre of emerging paradigms and systems such as (quite self-evidently) human rights, constitutionalism, and – gradually – also international law. In addition to focusing adjudication on individuals and their litigated interests, this has meant an administration of justice taking the form of human activity. The advent of automated public decision-making, including adjudication based on artificial intelligence (AI) tools, has raised concerns of possible shortcomings and abuses of justice resulting from their application. So is it time to change this anthropocentric mindset? More specifically, has the time come to replace human judges with AI? Can we do without them? Technological progress, rather than legal considerations, is likely to decide the fate of the anthropocentric outlook. This is why this essay aims to focus on the future of human judges. The proposition put forward is that courts cannot operate without a human element, less so because of technical constraints, but rather in light of the modern understanding of the right to a fair trial.