Man and machine: artificial intelligence and judicial decision making
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Abstract (arXiv)
The integration of artificial intelligence (AI) into judicial decision making -- particularly in pretrial, sentencing, and parole contexts -- has generated a substantial and rapidly growing literature. Across computer science, economics, law, criminology, and psychology, researchers have examined the reliability, fairness, and real-world effects of AI-assisted decision making. Yet this literature remains fragmented, and differences in assumptions, concepts, and research priorities make it difficult to assess what is actually known. Using criminal justice risk assessment as a focal case, this article makes two contributions. First, we develop a conceptual framework that distinguishes and relates three central questions: (1) the predictive validity of automated risk assessment tools; (2) how algorithmic risk assessments compare with human predictions (AI-versus-Human); and (3) how algorithmic recommendations affect judges' decisions (AI-plus-Human). Second, we use this framework to synthesize the empirical evidence addressing each of these questions. Our review identifies important limitations in existing research on predictive validity, as well as substantial gaps in understanding how judges respond to AI advice and how those responses vary across individuals and decision-making environments. The available evidence suggests that AI decision aids have, so far, had at most modest effects on pretrial and sentencing decisions. We conclude that further research is needed to understand how judges make decisions in noisy informational environments and under what conditions AI tools can produce meaningful improvements in judicial decision making.
Key facts. No citing papers in the map yet (data through 7 Oct 2026). Builds on 9 of its 94 references that are in the map. First posted on arXiv 19 Mar 2026.
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9 of 94 references.
References · 9
- 2016Equality of Opportunity in Supervised Learningcited by 2,000
- 2016Fairness Beyond Disparate Treatment & Disparate Impact: Learning Classification without Disparate Mistreatmentcited by 368
- 2017Fairness in Criminal Justice Risk Assessments: The State of the Artcited by 315
- 2020Algorithmic Fairnesscited by 143
- 2018The age of secrecy and unfairness in recidivism predictioncited by 53
- 2020Experimental Evaluation of Algorithm-Assisted Human Decision-Making: Application to Pretrial Public Safety Assessmentcited by 18
- 2017Simple rules for complex decisionscited by 14
- 2024Does AI help humans make better decisions? A statistical evaluation framework for experimental and observational studiescited by 7
- 2023Equal Confusion Fairness: Measuring Group-Based Disparities in Automated Decision Systemscited by 3
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