In a world where artificial intelligence and emerging technologies continue to reshape society, the legal field is witnessing a seismic shift in how decisions are made, reviewed, and enforced. From streamlining routine legal research to influencing critical sentencing decisions in criminal justice, the fusion of technology and law is both a promise and a challenge. Landmark cases such as Loomis v. Wisconsin have underscored the transformative—and sometimes controversial—role that algorithmic decision-making plays in the courtroom.
AI in the Courtroom: Lessons from Loomis v. Wisconsin
In 2016, the Wisconsin Supreme Court upheld the use of the COMPAS risk assessment tool in sentencing, a decision that sparked a nationwide debate about fairness and transparency in algorithmic decision-making. The case of Loomis v. Wisconsin (881 N.W.2d 749) illustrates how courts now grapple with the inherent tension between the benefits of automated efficiency and the need for individualized justice.
Critics argue that proprietary systems like COMPAS may obscure the underlying logic that influences sentencing outcomes, potentially infringing on a defendant’s right to due process. Yet, as the court noted, risk assessment tools must be used only as one among many factors—ensuring that human discretion remains the cornerstone of justice.
Automated Decision-Making and the Right to Explanation
The European Union’s General Data Protection Regulation (GDPR) further illustrates these challenges by protecting individuals from decisions made solely on automated processing. Article 22 of the GDPR expressly states that “the data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects…”
This provision aims to safeguard individuals from opaque algorithmic determinations by ensuring that any automated decision-making is accompanied by meaningful human oversight. In practical terms, Article 22 requires that companies—and even public institutions—implement mechanisms allowing affected individuals to obtain human intervention and contest automated decisions.
This right to explanation is pivotal in contexts ranging from credit scoring to employment, where the outcomes of automated processes can significantly affect personal livelihoods.
Bridging Technology and Traditional Legal Principles
The integration of AI in legal processes calls for an interdisciplinary approach. Legal professionals must now collaborate with data scientists and ethicists to ensure that new technologies adhere to established principles of fairness, accountability, and transparency.
For instance, while the efficiency gains from using AI in document review or predictive analytics are undeniable, courts are cautious. They require that any automated system, like those used in risk assessment, does not become a “black box” that undermines the fundamental rights of individuals.
Several legal scholars have noted that while AI has the potential to revolutionize legal practice, its deployment must be tempered by strict adherence to due process principles. As discussed in academic analyses, including those published in the Harvard Law Review, robust safeguards are necessary to prevent biases from being baked into automated systems, especially when such systems are used in high-stakes decisions like sentencing.
Toward a Balanced Future
As emerging technologies continue to evolve, the legal landscape must adapt. Future advancements in machine learning may offer more transparent and accountable tools, but these innovations should be implemented with a clear understanding of their ethical and legal implications.
Whether it’s a tech startup leveraging AI to streamline contract reviews or a government agency deploying automated risk assessments, the intersection of law and technology demands that every algorithm is accompanied by a human touch—a safeguard to ensure that justice is both efficient and equitable.
Conclusion
The integration of AI into the legal arena is a testament to the dynamic evolution of the field. By merging traditional legal principles with cutting-edge technological advancements, we can forge a future where innovation and justice coexist harmoniously—ensuring that progress does not come at the expense of fairness.
Written by: Bhavika Bijlani, 1st Year, B.A.LL. B, GNLU Silvassa Campus, Dadra and Nagar Haveli(DNHDD)
