AI & Law: Juror Impartiality And AI

by Dr. Lance Eliot

Consider juror impartiality in light of AI use in the courts and courtrooms

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Abstract: A key precept of a trial by jury is that the jurors must remain impartial during the legal case at hand. Of course, jurors can stray and become partial. This can happen by overt acts of jurors when they demonstrably showcase their personal biases. More difficult to detect are the instances wherein a juror might subtly slide out of impartiality. Consider then an intriguing legal question as to whether the use of AI in a courtroom could be claimed as an indirect means of biasing jurors and nudging them out of being impartial.

Keywords: Artificial Intelligence, AI, Law, Legal, LegalTech, Attorneys, Lawyers, Legal Reasoning

Key briefing points:

• Trial by jury is a cornerstone of our judicial beliefs and adjudication ecosystem
• Jurors are required to be and remain impartial throughout a trial
• Sometimes a juror takes overt acts that reveal they are not impartial
• Other times a juror might subtly shift beyond impartiality