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Nov 11

Equality before the Law: Legal Judgment Consistency Analysis for Fairness

In a legal system, judgment consistency is regarded as one of the most important manifestations of fairness. However, due to the complexity of factual elements that impact sentencing in real-world scenarios, few works have been done on quantitatively measuring judgment consistency towards real-world data. In this paper, we propose an evaluation metric for judgment inconsistency, Legal Inconsistency Coefficient (LInCo), which aims to evaluate inconsistency between data groups divided by specific features (e.g., gender, region, race). We propose to simulate judges from different groups with legal judgment prediction (LJP) models and measure the judicial inconsistency with the disagreement of the judgment results given by LJP models trained on different groups. Experimental results on the synthetic data verify the effectiveness of LInCo. We further employ LInCo to explore the inconsistency in real cases and come to the following observations: (1) Both regional and gender inconsistency exist in the legal system, but gender inconsistency is much less than regional inconsistency; (2) The level of regional inconsistency varies little across different time periods; (3) In general, judicial inconsistency is negatively correlated with the severity of the criminal charges. Besides, we use LInCo to evaluate the performance of several de-bias methods, such as adversarial learning, and find that these mechanisms can effectively help LJP models to avoid suffering from data bias.

  • 8 authors
·
Mar 25, 2021

Statutory Construction and Interpretation for Artificial Intelligence

AI systems are increasingly governed by natural language principles, yet a key challenge arising from reliance on language remains underexplored: interpretive ambiguity. As in legal systems, ambiguity arises both from how these principles are written and how they are applied. But while legal systems use institutional safeguards to manage such ambiguity, such as transparent appellate review policing interpretive constraints, AI alignment pipelines offer no comparable protections. Different interpretations of the same rule can lead to inconsistent or unstable model behavior. Drawing on legal theory, we identify key gaps in current alignment pipelines by examining how legal systems constrain ambiguity at both the rule creation and rule application steps. We then propose a computational framework that mirrors two legal mechanisms: (1) a rule refinement pipeline that minimizes interpretive disagreement by revising ambiguous rules (analogous to agency rulemaking or iterative legislative action), and (2) prompt-based interpretive constraints that reduce inconsistency in rule application (analogous to legal canons that guide judicial discretion). We evaluate our framework on a 5,000-scenario subset of the WildChat dataset and show that both interventions significantly improve judgment consistency across a panel of reasonable interpreters. Our approach offers a first step toward systematically managing interpretive ambiguity, an essential step for building more robust, law-following AI systems.

  • 7 authors
·
Sep 1

A Computational Analysis of Oral Argument in the Supreme Court

As the most public component of the Supreme Court's decision-making process, oral argument receives an out-sized share of attention in the popular media. Despite its prominence, however, the basic function and operation of oral argument as an institution remains poorly understood, as political scientists and legal scholars continue to debate even the most fundamental questions about its role. Past study of oral argument has tended to focus on discrete, quantifiable attributes of oral argument, such as the number of questions asked to each advocate, the party of the Justices' appointing president, or the ideological implications of the case on appeal. Such studies allow broad generalizations about oral argument and judicial decision making: Justices tend to vote in accordance with their ideological preferences, and they tend to ask more questions when they are skeptical of a party's position. But they tell us little about the actual goings on at oral argument -- the running dialog between Justice and advocate that is the heart of the institution. This Article fills that void, using machine learning techniques to, for the first time, construct predictive models of judicial decision making based not on oral argument's superficial features or on factors external to oral argument, such as where the case falls on a liberal-conservative spectrum, but on the actual content of the oral argument itself -- the Justices' questions to each side. The resultant models offer an important new window into aspects of oral argument that have long resisted empirical study, including the Justices' individual questioning styles, how each expresses skepticism, and which of the Justices' questions are most central to oral argument dialog.

  • 1 authors
·
Jun 5, 2023

Empirical analysis of Binding Precedent efficiency in the Brazilian Supreme Court via Similar Case Retrieval

Binding precedents (S\'umulas Vinculantes) constitute a juridical instrument unique to the Brazilian legal system and whose objectives include the protection of the Federal Supreme Court against repetitive demands. Studies of the effectiveness of these instruments in decreasing the Court's exposure to similar cases, however, indicate that they tend to fail in such a direction, with some of the binding precedents seemingly creating new demands. We empirically assess the legal impact of five binding precedents, 11, 14, 17, 26 and 37, at the highest court level through their effects on the legal subjects they address. This analysis is only possible through the comparison of the Court's ruling about the precedents' themes before they are created, which means that these decisions should be detected through techniques of Similar Case Retrieval. The contributions of this article are therefore twofold: on the mathematical side, we compare the uses of different methods of Natural Language Processing -- TF-IDF, LSTM, BERT, and regex -- for Similar Case Retrieval, whereas on the legal side, we contrast the inefficiency of these binding precedents with a set of hypotheses that may justify their repeated usage. We observe that the deep learning models performed significantly worse in the specific Similar Case Retrieval task and that the reasons for binding precedents to fail in responding to repetitive demand are heterogeneous and case-dependent, making it impossible to single out a specific cause.

  • 6 authors
·
Jul 9, 2024

LegalVis: Exploring and Inferring Precedent Citations in Legal Documents

To reduce the number of pending cases and conflicting rulings in the Brazilian Judiciary, the National Congress amended the Constitution, allowing the Brazilian Supreme Court (STF) to create binding precedents (BPs), i.e., a set of understandings that both Executive and lower Judiciary branches must follow. The STF's justices frequently cite the 58 existing BPs in their decisions, and it is of primary relevance that judicial experts could identify and analyze such citations. To assist in this problem, we propose LegalVis, a web-based visual analytics system designed to support the analysis of legal documents that cite or could potentially cite a BP. We model the problem of identifying potential citations (i.e., non-explicit) as a classification problem. However, a simple score is not enough to explain the results; that is why we use an interpretability machine learning method to explain the reason behind each identified citation. For a compelling visual exploration of documents and BPs, LegalVis comprises three interactive visual components: the first presents an overview of the data showing temporal patterns, the second allows filtering and grouping relevant documents by topic, and the last one shows a document's text aiming to interpret the model's output by pointing out which paragraphs are likely to mention the BP, even if not explicitly specified. We evaluated our identification model and obtained an accuracy of 96%; we also made a quantitative and qualitative analysis of the results. The usefulness and effectiveness of LegalVis were evaluated through two usage scenarios and feedback from six domain experts.

  • 4 authors
·
Mar 3, 2022