The influence of algorithmic decision support systems on judicial discretion

At the current stage of societal development, digital technologies are becoming indispensable "companions" for humans; however, their widespread use has a significant impact on human psyche, thinking, and cognitive skills. Judges are no exception. The perception and "elevation" of technologies as neutral tools are not only flawed but also harbor considerable risks. In this regard, the aim of this work is to illustrate the impact of algorithmic decision support systems on judicial discretion by revealing the cognitive distortions that judges experience during the decision-making process (focusing on the anchoring effect, automation bias, and selective trust), demonstrating the potential influence of these distortions on the principles of court operations, and providing some recommendations for minimizing the associated consequences. The study employs the following scientific methods: analysis, synthesis, generalization, analogy, and others; it applies a systemic approach, legal specificity, and comparative law methods. As a result of the conducted research, the author arrives at the following conclusions. First, the use of algorithms in judicial activities may lead to cognitive distortions for judges, such as the anchoring effect, automation bias, and selective trust, which can influence the formation of judicial decisions and, consequently, their outcomes, potentially violating the rights and legal interests of individuals and legal entities. Second, the implementation of algorithmic decision support systems in the judiciary may negatively affect the principle of judicial independence, the principle of free evaluation of evidence, and the principle of fair trial. Third, to minimize negative scenarios for the use of AI in legal proceedings, two groups of recommendations are proposed: objective and subjective.