Abstract |
This article explores the potential for advanced generative text AI systems
like ChatGPT to serve as a replacement for human juries in the modern legal system. It
argues that the vast knowledge base and perspective-aggregation capabilities of these
AI models uniquely position them as potentially superior embodiments of the
“community conscience” that juries are meant to represent. By synthesizing diverse
viewpoints into nuanced, context-sensitive judgments, AI juries could in theory do
justice to the broader values and concerns of society in ways that 12-person human
juries often fail to achieve. The article first examines the technical capabilities of stateof-the-art language models like ChatGPT, emphasizing the vast scope and diversity of
their training data which spans a huge range of human knowledge and perspectives. It
then traces the historical development of the jury system and its essential functions as
both the moral conscience of the community and a source of democratic legitimacy for
the legal system. Building on this foundation, the article makes the case that AI is poised
to fulfill the representative and deliberative roles of juries more effectively than human
jurors by virtue of its unparalleled capacity to absorb and synthesize society’s
heterogeneous values and viewpoints. However, it also carefully considers the
significant risks and challenges associated with AI juries, including issues of
algorithmic bias, the opacity of machine reasoning, the potential erosion of public trust,
and the philosophical implications of outsourcing moral judgment to artificial
intelligence. Ultimately, the article argues that while the use of AI in legal decisionmaking is likely inevitable, it is crucial that we proactively shape the terms of this
integration in ways that uphold the core values of fairness, transparency, and democratic
accountability. The jury system has long been celebrated as a bastion of citizen
participation in the law - the article concludes by calling for a robust public dialogue
on how AI can be harnessed to enhance, rather than erode, this vital civic institution. |