by Matthew J. O’Hara
Repository Citation
Matthew J. O’Hara “I, FOR ONE, WELCOME OUR NEW” AI JURORS: CHATGPT AND THE FUTURE OF THE JURY SYSTEM IN AMERICAN LAW Summer 2024 Int’l J. L. Ethics Tech. 3 (2024).
Available at: https://www.doi.org/10.55574/ILSM6729
Author Information: University at Buffalo School of Law, USA
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 state-of-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 decision-making 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.
Keywords: Artificial Intelligence, ChatGPT, Jury, AI Ethics, Moral Reasoning, Machine Learning, Algorithm, Legal Tech, Law and Technology, AI Governance
Tables of contents
Attribution 4.0 International (CC BY 4.0)
Persistent link: https://www.ijlet.org/2024-3-50-84/
DOI: https://www.doi.org/10.55574/ILSM6729
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