Bias in AI (Supported) Decision Making: Old Problems, New Technologies

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F25%3A00141064" target="_blank" >RIV/00216224:14220/25:00141064 - isvavai.cz</a>

Result on the web

<a href="https://iacajournal.org/articles/10.36745/ijca.598" target="_blank" >https://iacajournal.org/articles/10.36745/ijca.598</a>

DOI - Digital Object Identifier

<a href="http://dx.doi.org/10.36745/ijca.598" target="_blank" >10.36745/ijca.598</a>

Result language

angličtina

Original language name

Bias in AI (Supported) Decision Making: Old Problems, New Technologies

Original language description

Recently different regulations and recommendations for the use of AI-based technology, especially in the judiciary, have become more prevalent. One major concern is addressing bias in such systems. In 2016, ProPublica published a damning report on the use of AI-based technology in making decisions about people’s rights and obligations, revealing that such systems tend to replicate and amplify existing biases. The problem arises from the extensive need for training data in machine learning, which is often based on previous data, such as court decisions. For example, the bail system in the US was found to be alarmingly biased against African Americans. Even efforts to avoid mentioning protected characteristics have been shown to be insufficient, as so-called “fairness through unawareness” has been undermined by proxy characteristics. Addressing the bias of AI systems is a crucial issue for the increased involvement of automated means in judicial settings. The following paper examines various biases that might be introduced in AI-based systems, potential solutions and regulations, and compare possible solutions with current approaches of the European Court of Human Rights (ECtHR) towards biases in human judges. The aim is to confront the question of how to approach current bias in judges compared to approaching bias in future AI-based judicial decision-making technology.

Czech name

—

Czech description

—

Type

J_SC - Article in a specialist periodical, which is included in the SCOPUS database

CEP classification

—

OECD FORD branch

50501 - Law

Project

—

Continuities

N - Vyzkumna aktivita podporovana z neverejnych zdroju

Publication year

2025

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

International Journal for Court Administration

ISSN

2156-7964

e-ISSN

2156-7964

Volume of the periodical

16

Issue of the periodical within the volume

1

Country of publishing house

US - UNITED STATES

Number of pages

30

Pages from-to

1-30

UT code for WoS article

—

EID of the result in the Scopus database

2-s2.0-105004307989