I giudici e la “loro” giustizia a proposito di decisioni algoritmiche

Salvatore Amato1-21

Abstract: Judges and “Their Own” Justice. About Algorithmic Decision Systems.
Is algorithmic decision-making in sentencing, even if it has its own sources of bias and black box effects, preferable to idiosyncratic bias and guild interests that pervades human decision-making? We can address this problem in two perspectives: to highlight human sensitivity and human brain’s creativity that will never be replaced by technology or to analyze the defects of our judicial system. In the latter case I think that a digital system does not run the risk to produce the excesses of a self-referential power. Montesquieu and Tocqueville feared the privileges of a corps of stable and immovable judges. Then after two centuries, we know they were right. By artificially intelligent systems we may shed new light on this old problem.