Subjectivity is needed
Using AI to drive risk assessments would, she says, simply transfer biases from humans to human-created algorithms. Bad data in leads to bad data out. “Proponents of using AI in this way are shifting responsibility to the designers of the algorithm.”
Chugh points out that AI is already being considered for use in some Canadian courts. As a member of the Board of Governors of the Law Commission of Ontario, she admits to reservations about the ways the commission has considered the use of AI for matters like administrative court proceedings or by police as investigative tools.
One of the principal issues Chugh identifies with an overreliance on AI for risk assessments and other considerations is the absence of subjective discretion and deference. These, she notes, are key pillars of an independent judiciary. Laws and statutes provide parameters within which judges can operate and leave them some leeway while they consider relevant factors like individual histories and circumstances.
“I firmly believe in the guidance from our courts, that sentencing and bail are community-driven, individualized processes,” she says.
“We appoint our judges and our decision-makers based on their knowledge of the community. Do we need to outsource that decision-making to a broad and generalized system? Or do we want to rely on a system where we are having individualized conversations with offenders? I prefer the latter because I believe that courts can have a great impact on individuals.”
Chugh insists that she is not completely against using AI in the court system, only that she believes more research is needed.
“Are we there yet? In my opinion, no. But if I can be proven wrong, I would be the first to change to my mind.”
Read the cited paper: “Risk Assessment Tools on Trial: AI Systems Go?”