Publication details
Európska a česká perspektíva francúzskeho zákazu profilovania sudcov
| Title in English | European and Czech perspectives on the French ban on judicial profiling |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Trestněprávní revue - odborný recenzovaný časopis pro trestní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | profiling of judges; France |
| Attached files | |
| Description | In conclusion, the French effort to ban the analysis of judicial decisions can be described as at least peculiar. The question that should be asked, and which is not addressed in this article, is what effect the input of machine methods has on the results and quality of the analysis. Indeed, as McGill and Salyzyn point out in their article, quantitative analysis of judgments is nothing new.29 Among the main concerns is the possibility of forum shopping based on a predicted outcome, but this is a general problem of procedural discretion, not to mention then the systemic problem of there being such wide splits among individual judges that litigants have an incentive to do so. Indeed, one of the cynical objections to the prohibition in Article 33 is precisely to prevent the public from pointing out inconsistencies in decisional practice, i.e., its practical arbitrariness. |
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