Page 35 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
quite easily but it was poor who were really losing a lot. Therefore,
it was found that COMPAS is biased against the black defendants.
The reason is the data that has been entered into the AI tool dates
back in 50’s 60’s 70’s. Therefore the decision was labeled biased
against blacks .
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The analysis revealed that black defendants were as likely to be
tagged as repeat offenders than white defendants, indicating the
likelihood that the algorithm may be biased. This is especially
problematic given that the assessments were utilized by the courts
in order to determine matters such as bail and release dates.
Therefore, such AI -based systems and their coded algorithms must
be examined carefully in order to ensure that bias is minimized and
that if bias does arise in some form, it is assessed formally .
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However, it will be important to carefully analyze the challenges and
potential dangers if AI is to be implemented successfully. The challenge
of Co-Robotics in the judiciary is facilitating functioning communication
between human and machines. There are two approaches to the challenge
of Co-Robotics in the judiciary. In order to retain human control, one
has to either enable functioning communication between human and
machines (addressing the Co-Robotics problem) or strictly separate
them from each other (avoiding the Co-Robotics problem). The main
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challenge is lack of transparency in how those tools are operating. To
solve issues with data access, privacy, bias, and reluctance to change,
policymakers and legal experts should collaborate.

It has been noted that the use of Robotic Intelligence based systems
appears to eliminate human bias, for example, “In a high crime
city, a judge might start to hand out harsher sentences towards the
upper end of the sentencing guidelines. In court, if a judge does

18 ibid
19 Justice Shiranee Tilakawardane (Retired Judge of the Supreme Court of Sri Lanka)
Arificial Intelligence in the Legal System (Judges Journal Vol V ) P.3-4
20 Neil M Richards and William D Smart, ‘How Should the Law Think About Robots?’( Robot
Law Publishing 2016) P.13
law.faculty@kdu.ac.lk
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