Document Type

Article

Publication Date

2-2020

Abstract

Artificial Intelligence and Machine Learning are a result not only of technological advances but also of the exploitation of information or data, which has led to its expansion into almost all aspects of modern life, including law and its practice. Due to the benefits of these technologies, such as efficiency, objectivity, and transparency, the trend is towards the integration of Artificial Intelligence and Machine Learning in the judicial system. Integration that is advocated at all levels and, today, has been achieved mostly under the implementation of tools to assist the exercise of the judiciary. The «success» of this integration has led to the creation of an automated court or an artificially intelligent judge as a futuristic proposal.

Bearing in mind this proposal of complete integration of Artificial Intelligence and Machine Learning in the judicial system. The query on this note is to present how the human component in the judiciary, attributed to the cognitive processes of the mind of the judge, is essential to the evolution of society, because, without the ability to forget or unlearn that has the human being, we could not have recognized the rights of the child or the women, and overcome racial and ethnic segregation. So, until Artificial Intelligence and Machine Learning have simulated this cognitive process in the technology, an automated court or an artificially intelligent judge is a futuristic idea unless it is decided to completely reevaluate the role of the judge and the judicial system in our societies, which supposes redesigning the system or designing a new one.

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