Algorithms and law: analysis inspired by a judicial precedent

Abstract

Algorithms penetrate into all spheres of human activity, including law. The pursuance of automation can be expressed by a phrase «words yield to numbers». However, considering the algorithm as a panacea is premature and even careless, especially in terms of sentencing, and more broadly – respect for human rights. Based on the legal research of a case law about use of an algorithmic recidivism risk assessment in sentencing, the article is attempted to find answers to the questions of the interrelation between law and algorithm, the limits of influence of technology on a decision-maker, and the ability to violate human rights by using algorithms. The article is based on research work in the framework of the state assignment of the RANEPA.