Judicial Discretion and Its Boundaries in the Context of the Influence of Information Technology on the Judge’s Decision

The article is devoted to certain issues of such a legal phenomenon as judicial discretion in the context of information technologies being introduced, in particular, artificial intelligence technology. The authors consider the possibility of resolving a legal dispute (conflict) by machine and naturally come to the conclusion that such an innovation is impossible at the moment. In the process of writing the paper, it is proved that it is impossible to algorithmize the process of making a fair trial, however, the authors point out that the legal community should be ready for such a discussion. The article contains an examination of the possibility of using artificial intelligence technology in the field of justice as an effective assistant: judge, chairman of the court, secretary of the court session.

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Publication Details

Journal
Russian judge
Published
2024-10-31
DOI
https://doi.org/10.18572/1812-3791-2024-11-23-28
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
0.00
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article

Judicial Discretion and Its Boundaries in the Context of the Influence of Information Technology on the Judge’s Decision

Tatyana V. Vorotilina, Е. А. Иванченко
Russian judge
Education, Law, and Society
article

Judicial Discretion and Its Boundaries in the Context of the Influence of Information Technology on the Judge’s Decision

Tatyana V. Vorotilina, Е. А. Иванченко
article en

Abstract

The article is devoted to certain issues of such a legal phenomenon as judicial discretion in the context of information technologies being introduced, in particular, artificial intelligence technology. The authors consider the possibility of resolving a legal dispute (conflict) by machine and naturally come to the conclusion that such an innovation is impossible at the moment. In the process of writing the paper, it is proved that it is impossible to algorithmize the process of making a fair trial, however, the authors point out that the legal community should be ready for such a discussion. The article contains an examination of the possibility of using artificial intelligence technology in the field of justice as an effective assistant: judge, chairman of the court, secretary of the court session.

Russian judge
Openalex Percentile: Top 54%
Education, Law, and Society
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