6 de abril de 2018
Five Big Data (big) challenges for the justice sector
The justice sector will have to face big challenges in the upcoming years derived from the massive analysis of the case law that may condition the judge's perspective and decisions. Hence, the independence of each Judge could be at stake.
Por: Daniel Peña Valenzuela
1. Predictive algorithms, based on the massive analysis of the case law aim to speed up the resolution of disputes and increase legal certainty, improving the predictability of court decisions. The fact that the result can be predicted in a judicial process could condition the activities of lawyers and even judges.
2. The judges will have a better knowledge of the jurisdictional practices of their colleagues and the parties will be able to determine more precisely the chances of success of a judicial procedure.
3. The open data and algorithms should promote access to law and equality in the courts as well as the stabilization, harmonization and convergence of jurisprudence.
4. The use of algorithms would also allow judges to discharge the most time-consuming tasks for the consideration of new or complex issues.
5. The risk of predictive software is that the judge, under the effect of surveillance resulting from a massive treatment of court decisions, loses his freedom of appreciation and independence and prefers to “security” to dominant or majority opinion of his peers.
In sum, these five issues should be the basis of the roadmap of the next future discussions on predictive justice based on algorithms and big data.