Judicial Research Articles

Transforming the Judicial System: The Impact of Machine Learning on Legal Processes and Outcomes

This paper explores the transformative impact of Machine Learning (ML) on legal processes and outcomes within the judicial system, aiming to analyze current applications, evaluate benefits and challenges, and assess ethical and practical implications. A comprehensive methodology is employed, including a literature review of academic articles, industry reports, and legal documents, case studies of specific ML tools like Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) and ROSS Intelligence, and interviews with legal professionals, data scientists, and ethicists. Key findings reveal that ML enhances efficiency, accuracy, and accessibility in legal processes, with applications in recidivism prediction, legal research, e-discovery, and online dispute resolution. For instance, tools such as COMPAS aid in predicting recidivism rates, while ROSS Intelligence and CaseText streamline legal research through Natural Language Processing (NLP). However, significant challenges arise, particularly concerning data privacy, algorithmic bias, and the ethical implications of automated decision-making, as evidenced by criticisms of the COMPAS system for potential racial bias. The research underscores the necessity of interdisciplinary collaboration between legal experts and data scientists to develop robust and legally sound ML tools. The implications of these findings are profound, calling for clear policies and regulations to ensure transparency and fairness, the development of ethical frameworks to address bias and privacy concerns, and the provision of education and training for legal professionals in data science and ML. The paper concludes that continuous research and refinement of algorithms are essential to address emerging challenges and expand the beneficial applications of ML in the legal field, contributing to a more efficient, equitable, and accessible judicial system.

The system of subjects of administrative and legal support of information security in Ukraine

Based on the analysis of current legislation, available scientific, journalistic and methodological sources, the article clarifies the content of the system of subjects of administrative and legal support of information security in Ukraine. It is proposed that the system of subjects of administrative and legal support of information security should be understood as a set of legislative, executive and judicial authorities, state, public and other organizations and associations, and citizens who may participate in administrative and legal support of information security in accordance with the legislation regulating relations in the field of information security. It is established that the system of subjects of administrative and legal support of information security includes a wide range of structures of both state and non-state affiliation. The first group (state entities) is represented by the State represented by the President of Ukraine, legislative, executive and judicial bodies, which, having different competencies in the field of administrative and legal support of information security, perform key tasks and functions in it. The second group (non-state actors) can be divided into two subgroups. The first one includes society represented by legal entities, namely, commercial companies and non-governmental organizations (educational institutions, research institutes, research and analytical centers, etc.) The second group includes individuals (citizens) who may be directly involved in ensuring information security, represented by specialists, experts, information security consultants, etc. It is proposed to: include all non-state actors in the mechanism for implementing the goals and objectives of the Information Security Strategy; make the widest possible use of the capabilities of non-state actors in this area, and therefore intensify the involvement of citizens, public associations, organizations, etc. in solving the problem of information security; create an Interagency Commission on Information Security within the structure of the National Security and Defense Council of Ukraine.

The Shifting Landscape of Judicial Independence Criteria Under the Preliminary Reference Procedure: A Comment on the CJEU’s Recent Case Law and the Trajectory of Article 267 TFEU

AbstractThe preliminary reference procedure forms the foundation of judge-to-judge dialogue in the EU, which has been imperative to the inclusion of member state courts in the Union’s judicial system. In response to the Union’s ever-growing rule of law problem, the CJEU strengthened judicial independence criteria to fortify the Article 2 TEU value of the rule of law. Now, it seems the CJEU’s fight to save judicial independence is spilling over into the preliminary reference mechanism as it overhauls its judicial independence standards under Article 267 TFEU. In particular, the CJEU has chosen to treat traditional and non-traditional courts in a divergent way and introduced significant reliance on judicial decisions emanating from outside the immediate CJEU court structure; this multi-dimensional change to the operation of the preliminary reference mechanism has far-reaching consequences. As this article highlights, the most notable consequences are to the uniform application of EU law, the principle of subsidiarity and autonomy of EU law. Perhaps the most important point raised is the effect of the new limitation on Article 267 TFEU references on EU citizens and our right to access the ‘natural judge’ (the CJEU) in matters concerning EU law.

The Impact of Artificial Intelligence on the Efficiency of Courts

The evolutionary development of the entire judicial system is directly related to the introduction of modern artificial intelligence systems. The purpose of this study is to study and analyze the impact of artificial intelligence on the effectiveness of the entire judicial system and judges in particular. To achieve this goal, it is necessary, firstly, to consider the nature of artificial intelligence, its advantages in the administration of justice, secondly, to analyze the potential risks arising from the use of artificial intelligence, and thirdly, to reveal and analyze the impact of artificial intelligence technologies through the prism of criteria for the effectiveness of courts. The methodological basis of this research is dialectical, systemic, functional, formal and legal methods. The conducted research made it possible to come to the conclusion that modern artificial intelligence systems are able to seriously optimize the work of the entire judicial system, prevent possible judicial errors and corruption manifestations, shorten the time of consideration of cases, which will undoubtedly increase the efficiency of the entire judicial system. However, there are also negative impacts that must necessarily be eliminated or minimized, with the help of careful study of the mandatory technological requirements used in the creation and further functioning of all artificial intelligence systems.

Problems of Impartiality and Professional Dignity of Judges in the Context of the Development of the Information Society

The impartiality of judges, as the basic principle of the judicial system, is subject to reassessment by society, taking into account information disseminated on the Internet and social networks. The purpose of the study is to consider the impact of digital technologies and informatization of society on the professional dignity and impartiality of judges. The tasks of assessing various approaches to the legal regulation of limiting the ability of court employees to lay out information on issues affecting the assessment of the circumstances of resolved disputes are being solved. The possibilities of using the experience of other countries in the formation of prohibitions on the administration of justice by judges who published materials on the Internet that affect the implementation of the principle of impartiality are analyzed. Taking into account the experience of other countries, Russia needs to formulate its own approach to the behavior of judges in the information space. Social networks can be used by members of the judiciary to share and receive information. The dissemination of data discrediting professional dignity, as well as calling into question the impartiality of a judge, is unacceptable.

International Crimes and Double Standards

Abstract The law’s aspiration to impartiality, central to its legitimacy, is impaired by concerns that judicial systems treat similarly situated persons or factual situations differently for improper reasons. In few fields is this truer than the sphere of international criminal justice, where the political stakes are high and judicial institutions are relatively young. The conflicts in Ukraine and Israel/Palestine have fuelled claims on all sides that the search for accountability has been marred by double standards. How these are addressed — by courts, states, and civil society — matters for the victims of grave crimes, and for the international justice project itself. This article argues that, while those who wish to advance international justice cannot eliminate double standards, they can adopt concrete measures to combat and minimize them. Given how important perceptions are in this debate, even small steps matter.

Криминалистика для обеспечения глобального равновесия будущего

The article provides an overview of the work of the section "Forensics for Future Justice" of the St. Petersburg International Legal Forum — 2024. Modern cyber and information technologies are radically changing the face of jurisprudence and law enforcement, including forensic science. At the forum, which brought together leading scientists and practicing lawyers, issues of the readiness of domestic science and practice to the challenges of digitalization and the role of criminalistics in the justice of the future were vigorously discussed. The participants in the discussion are unanimous in their opinion: criminalistics, with its deep scientifi c foundations, is becoming increasingly important for the activities of government agencies and the judicial system. The speakers emphasized the versatility of forensic knowledge, which is used not only in the investigation of crimes, but also in other areas of law enforcement. Scientists and practitioners are unanimous that only joint eff orts will ensure the eff ective use of new technologies in the fi ght against crime and ensuring national security.

Consent as Social Reproduction: Making Space for the Transformative Labour of Refugee and Migrant Anti-violence Advocates in Australia

ABSTRACT Following #MeToo, sexual violence and consent have become more important to Australian governments, policy makers, and organisations addressing gender-based violence. Locating consent in a specific social system of ‘labour’, this article takes social reproduction as an entry point to examine the experiences of refugee and migrant anti-violence advocates in Australia. I suggest that current discourses of consent, as bodily autonomy and judicial power, act as a site of social reproduction through the creation of norms that uphold patriarchy and whiteness. Considered in this way, marginalised groups such as refugee and migrant women are not afforded adequate space and resources to theorise consent based on their own lived experiences. Interview participants (n = 19) are active in their ethnic and faith communities addressing GBV, as well as in organisations such as NGOs and policy domains. Utilising a lens of ‘Transformative Labour’ (Swanson, Resha Terae, and Erin Devorah Carreon. 2024. “Uncovering the Transformative Labor in Black Women’s Community Work.” Affilia, 08861099231223935. https://doi.org/10.1177/08861099231223935), the findings demonstrate the limits of consent when applied to refugee and migrant communities; the ways a history of different feminisms play out in current front-line interventions; and how mainstream, dominant groups might make space for marginalised groups to articulate their own identities, and the time and resources to theorise consent based on their own struggles.

Proper but not Peculiar: Coordinate Constitutional Construction as Precondition to Checking the Judiciary

In The Federalist, Publius makes five defective assumptions about judicial power, which underestimate and invite the danger of judicial supremacy. Contemporary judicial practice conforms to Publius’s assumption that the judicial branch holds final authority in interpreting the Constitution, but contradicts his expectation that this would not lead to judicial supremacy in the political regime. This article excavates and critiques Publius’s assumptions about judicial power from a close reading of The Federalist. It argues that any successful check on the judiciary requires adoption of the theory of coordinate construction. It concludes with an exploration of the institutional and normative implications of coordinate construction.

Electronic enforcement in the digital era: Themis without a sword

Abstract The COVID-19 pandemic accelerated digital transformation, prompting businesses to expedite the digitization of customer interactions. However, enforcing digital obligations faces challenges in judicial systems, with courts hesitating due to public policy concerns and issues related to unconscionability. This article explores the landscape of enforcing digital obligations, providing an explanation of the types of enforcements that can be used to this purpose. The article questions the suitability of the judicial stage and explores alternative external mechanisms like online dispute resolution (ODR) systems and specifical cases of study. Lastly, the article analyses internal solutions for enforcement that can be encompassed into contractual, social, or State-sponsored solutions and delivers a practical example of these types of systems.

Reframing sexual violence against Indigenous women as genocide: Mayan women’s experiences of sexual offenses during Guatemala’s Armed Conflict

ABSTRACT Judgment of sexual violences against Mayan women during the Armed Conflict in Guatemala remains neglected. Justice processes have yearned harassment of victims and judges, sentences overruled, and epistemological barriers distancing the Western judiciary system from Mayan women’s experiences of sexual violence. Judiciary expert reports suppose a dialogue opportunity between epistemic margins and Western hegemony, as they play the role of objectifying the experiences of victims via scientific research methods. Here, I show how using decolonial and communitarian feminism theoretical-methodological approaches builds epistemic bridges. I discuss that sexual offences targeted a subject whose existence supposes a threat to the State’s patriarch-colonialist, and misogynist-racist interests: Mayan women or Ixoq. I argue that sexual violence targeted against Mayan women must be understood as genocide, for it aims at Ixoq’s annihilation in the context of the Ladino Nation Project in 1980s Guatemala. This novel cartographic approach helps building epistemic bridges to ensure hermeneutic justice.

Inovasi Teknologi Peradilan Modern (E-Court) Mahkamah Agung Republik Indonesia dalam Menjawab Tantangan Global

Technological innovation in the modern judicial system has become a primary focus of the Supreme Court of the Republic of Indonesia in addressing global challenges. The Supreme Court of the Republic of Indonesia has introduced the latest innovations in judicial technology to enhance the efficiency, accessibility, and fairness of judicial procedures, known as electronic courtroom or e-judiciary. The purpose of this research is to analyze the implementation of the latest innovations related to judicial technology (electronic judiciary) in the Supreme Court of the Republic of Indonesia in order to address global challenges to the judicial system. The researcher examines the technology used in the electronic courtroom, its benefits, the challenges it poses, and its impact on the effectiveness and transparency of the judicial system. Through an in-depth review of the implementation of e-courtrooms in the Supreme Court of the Republic of Indonesia, we present findings on the success of this innovation in addressing the global challenges faced by the judicial system.

EXISTENCE OF RISALATUL QADHA UMAR BIN KHATTAB IN THE ISLAMIC JUDICIAL SYSTEM INDONESIA

Umar bin Khattab was the first person to make a regulation separating executive power and judicial power. The regulation is known as 'Risala al-Qadha' whose contents contain several legal principles which basically refer to the principles of justice, Risala al-Qadha which is the thought of Umar bin Khattab is one of the proofs that Islam left civilization of high value and also proves that Muslim intellectuals have thoughts that lead to the future. This paper aims to analyze the concept of risalatul qadha Umar bin Khattab; know ijitihad ever done by Umar bin Khattab; and knowing the contribution made by Umar Bin Khattab to the Islamic justice system. This study is a qualitative study with a type of library research. The results of the study show that the important points of the qada treatise 'are: Justice is an obligation that must be obeyed; Judges must be fair; The judge reconsidered his decision, Ijtihad Umar bin Khattab in the field of justice; do not punish the cutting off of hands for perpetrators of theft, do not throw away adulterers who are still girls, while the contribution made by Umar Bin Khattab is to make the court an independent institution, giving the judiciary a special authority. Umar was also the first to appoint regional judges who had high independence and autonomy.

The Existence of Pretrial Institutions In The Enforcement Of Criminal Law

<p class="TableParagraph"><em>Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.</em></p><em>The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law</em>

An Improved 21st Century Judicial System with Environmental Science Expertise is Needed for Resolving Interstate Water Conflicts.

As stresses on groundwater resources increase due to growing population and climate change, water litigation, such as the recently decided Mississippi (MS) vs Tennessee (TN) lawsuit, will become more common. In the United States, lawsuits between states can be heard only by the Supreme Court of the United States (SCOTUS). These lawsuits are expensive and lengthy, often requiring highly specialized technical expertise. In the MS vs TN case, the Court unanimously held that an interstate aquifer is subject to equitable apportionment. Although this appears to be a sound resolution, a careful examination of the SCOTUS hearing transcript revealed that the Justices had several egregious misconceptions about the groundwater system. These misconceptions arose in part due to the failure of technical experts to communicate groundwater concepts in understandable terms and in part due to the Justices' lack of expertise in groundwater science. To address these issues, we first explore methods for improving scientific communication in courtrooms. Second, we propose ideas for reforming the legal system and provide compelling arguments for using the lower courts to hear such cases. We also explore the possibility of creating specialized federal water courts to resolve water disputes.

“We are a part of the problem they protest”: judges, representation and racial justice statements

ABSTRACT In the wake of George Floyd’s murder in May 2020, some state supreme courts decided to issue public comments to address disparities in racial justice, while others did not. We explain the decision to issue these voluntary statements as a strategic choice by state supreme court justices motivated by their retention audience and state demography. We demonstrate that state supreme courts appear responsive to their state audience when deciding to issue statements, specifically based on the number of racial justice protests by state residents and the liberalism of their state. Furthermore, state judicial retention systems and race identity in the public and on the state supreme court appear to influence word choice and sentiment in the racial justice statements issued. This extends understanding of motivations behind judges’ decisions and behavior in extra-judicial settings beyond the courtroom.

Analysis of the Effectiveness of Dispute Resolution Mechanisms: A Case Study of PT. Bank Muamalat Indoneisa and PT. General Takaful Economy

This paper explains how arbitration functions in the Indonesian legal system. The purpose of this study is to determine whether there is a legal remedy that can be made by law to reach a final decision based on the principle of final and binding. This study aims to study the way sharia arbitration bodies handle economic disputes. The research method used is juridical-normative, using descriptive qualitative analysis. The results showed that, as an extra-judicial institution governed by international law that has been ratified by the Indonesian government, arbitration helps complement the Indonesian judicial system. And the absence of a legal remedy for a final award in accordance with the principles of final and binding And the absence of legal remedies for a final decision in accordance with the principle of finality and binding is one of the advantages of settlement through arbitration compared to the court, In conclusion arbitration is more effective in resolving sharia insurance disputes based on the principle of simple, fast, and cheap justice according to the mandate of the Law.

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility Of heads of courts (section 1)2

In the first part of this article (“Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary liability?”) the modern problems of the mechanism of judges’ responsibility for disciplinary misconduct were considered. This second part of this article examines the current problems of the organizational and legal mechanism of disciplinary responsibility of heads (chairmen and deputy chairmen) of courts. Attention is drawn to the fact that the status of heads of courts is twofold: on the one hand, they are judges who directly administer justice, on the other hand, heads of a judicial body with powers and responsibilities to organize the work of the court (to ensure, within their powers, financial, material, resource, information and other parties), the implementation of general management of the activities of the court’s staff, and most importantly, to ensure the judicial and effective operation of the court on the principles of justice. Attention is drawn to the fact that the current legislation (and even partly the Constitution of the Russian Federation) provides for the responsibility of heads of courts for gross misconduct, which does not qualify as disciplinary, and the penalty for it is one – early termination of the powers of the head of the court, and in some cases the powers of a judge, without the possibility of applying other, less severe, penalties (penalties). It is proposed to formalize some new, real-life functions of the heads of courts with the establishment of a mechanism for their non-fulfillment. It is proposed to introduce the institution of the oath of the head of the court (separate from the oath of the judge) with the introduction of liability for violation of this oath, in particular for interference in the judicial activities of judges of the court headed by this head. Other proposals are also being made.

The Nature of Restorative Justice in Indonesian Criminal Justice System

This research aims to comprehensively explore Restorative Justice within Indonesia's judicial system, examining its role, necessity, and implementation methods. The theoretical framework emphasizes reconciliation, reparation, and the involvement of victims, offenders, and communities in justice processes, contrasting with punitive approaches by prioritizing healing and peace restoration. Methodologically, the study employs normative legal research, analyzing Indonesian laws, conducting comparative studies, and exploring doctrinal principles relevant to Restorative Justice. Findings underscore the need for a unified legal framework to ensure consistent application across different judicial levels, advocating for judges to apply Restorative Justice principles effectively through proper training and guidelines. This research contributes valuable insights into enhancing justice and reconciliation practices in Indonesia's criminal justice system.

Система административных судов в Кыргызской Республике: становление, особенности, направления совершенствования

An important result of the judicial reform in the Kyrgyz Republic is the adoption in 2017 of the Code of Administrative Procedure and the creation of a system of administrative courts. The article shows the specifics of the model of administrative justice that has developed in Kyrgyzstan. Based on the analysis of legislation and law enforcement practice, a set of measures for its further improvement is proposed: changing the territorial organization of the courts of appeal, ensuring the possibility of using digital technologies in the administration of justice, restoring the supervisory authority, clarifying a number of administrative procedures.