AI & Law: Legal Reconnaissance That Leverages AI
by Dr. Lance B. Eliot
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Key briefing points about this article:
- Discretion is a vital aspect of the law and has longstanding historical roots
- There is a dual-edged sword associated with discretion
- Trying to spot discriminatory patterns amongst discretion is logistically prohibitive
- AI can be used as a tool in ferreting out discriminatory discretion
- Efforts to pilot an AI capability coined as the Recon Toolkit are underway
Introduction
We herald the use of discretion in our effort to ensure justice for all.
Rather than having a cookie-cutter approach to the nature of our laws and concretely instilling strictly stipulated associated penalties, we instead lean toward a dollop of discretion. You can trace this form of legal wiggle room to some of the earliest underpinnings of how our laws came to be.