Judge vs. AI – an experimental approach of sentencing

• In Event: Sentencing. Between utopia and dystopia Part I

Abstract

The research is based on the comparison between the way in which a real judge and an AI tool analyse the most important aspects of a case which have to be considered in the sentencing process.
On one hand, we analyse three case law decisions made by Romanian Courts and highlight which aspects were considered the most relevant both for aggravating and softening the punishment applied to the perpetrators involved in those cases.
On the other hand, we feed an AI tool (ChatGPT) with the general rules of sentencing in the Romanian legal system, the punishment provided by the law for the crimes and feed the data extracted from each of the three case law decisions, without feeding the sentencing approach of the courts in those cases. Afterwards, we ask the AI tool to make the sentencing in that case and to explain the decision.
The results of this study will be presented at the conference, as the conclusions are very interesting.

Author

• Ștefana-Iuliana Sorohan, Faculty of Law, University of Bucharest