Artificial Intelligence and Role-Reversible Judgment

Authors

Kiel Brennan-MarquezFollow
Stephen E. Henderson, University of Oklahoma College of LawFollow

Document Type

Article

Publication Date

2019

Publication Title

Journal of Criminal Law and Criminology

Abstract

As intelligent machines begin more generally outperforming human experts, why should humans remain ‘in the loop’ of decision-making? One common answer focuses on outcomes: relying on intuition and experience, humans are capable of identifying interpretive errors—sometimes disastrous errors—that elude machines. Though plausible today, this argument will wear thin as technology evolves. Here, we seek out sturdier ground: a defense of human judgment that focuses on the normative integrity of decision-making. Specifically, we propose an account of democratic equality as ‘role-reversibility.’ In a democracy, those tasked with making decisions should be susceptible, reciprocally, to the impact of decisions; there ought to be a meaningful sense in which the participants’ roles in the decisional process could always be swapped. Role-reversibility infuses the act of judgment with a ‘there but for the grace of god’ dynamic and, in doing so, casts judgment as the result of self-rule. After defending role-reversibility in concept, we show how it bears out in the paradigm case of criminal jury trials. Although it was not the historical impetus behind the jury trial—at least, not in any strong sense—we argue that role-reversibility explains some of the institution’s core features and stands among the best reasons for its preservation. Finally, for the sci-fi enthusiasts among us, role-reversibility offers a prescription as to when the legal system will be ready for robo-jurors and robo-judges: when it incorporates robo-defendants.

Volume

109

First Page

137

Recommended Citation

Kiel Brennan-Marquez & Stephen E. Henderson, Artificial Intelligence And Role-Reversible Judgment, 109 J. Crim. L. & Criminology 137 (2019).