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Revista chilena de derecho y tecnología

On-line version ISSN 0719-2584

Abstract

COLOMA CORREA, Rodrigo; AGUERO SAN JUAN, Claudio  and  LIRA RODRIGUEZ, Renato. Technology to decide the facts in judicial proceedings. Rev. chil. derecho tecnol. [online]. 2021, vol.10, n.1, pp.111-143. ISSN 0719-2584.  http://dx.doi.org/10.5354/0719-2584.2021.56816.

Technological progress has expanded the use of sophisticated evidence in court proceedings, increasing the connection between legal discourse and science. It is foreseeable that, in the short term, this tendency will advance further, since technology will enter into the decision-making process, today performed exclusively by judges. Artificial intelligence will be able to weigh the competing case theories, assess evidence and find (or create) answers to information gaps or contradictions. Assuming this new reality, it is important to focus on lawyers and judges reluctance to use algorithms to decide facts in judicial processes. Are there any reasons beyond preserving their exclusive domain?

Keywords : Technology in evidence; technology resistance; emotions and judicial process; assessment of evidence; certification of facts.

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