Rozważenie możliwości zastąpienia sędziego przez sztuczną inteligencję w procesie analizowania wniosków o tymczasowe aresztowanie: perspektywy, wyzwania i potencjalne korzyści

The article titled „Considering the Possibility of Replacing Judges with Artificial Intelligence in the Process of Analyzing Requests for Pre-trial Detention: Perspectives, Challenges, and Potential Benefits” explores the potential of using artificial intelligence (AI) in the context of decisions on pre-trial detentions. It focuses on analyzing the controversy surrounding the practice of pre-trial detention, highlighting its negative perception among criminal law dogmatists and its inefficiency in light of the declining trend in crime rates. The article explains the prerequisites for the use of pre-trial detention according to Polish law, pointing out its abuses and automation. It presents a range of applications of AI in the legal sector, from data analysis to judicial decision support, indicating the possibilities for automating criminal processes and profiling the participants in the proceedings. It discusses the benefits of using AI, such as the elimination of human errors, acceleration of the decision-making process, and increased productivity. At the same time, it highlights challenges, including the risk of unemployment, capital intensity, limitations in creative thinking, privacy issues, and accountability. The article emphasizes the ethical aspects of replacing judges with AI, underscoring the need to maintain the humanistic dimension of justice and human participation in the decision-making process. The conclusion emphasizes the need for rigorous standards for AI systems in the judiciary, pointing to a pilot program in Shanghai as an example of AI integration in the adjudication process. The article concludes that while the use of AI in the judiciary offers numerous benefits, it must be approached with caution, ensuring appropriate legal and ethical frameworks.