Data Governance for Justice and Human Rights: Forensics, Flow, and Frontiers

The Integration of Data Science and Evidential Analysis

Author(s): Karen McGregor Richmond *

Pp: 11-22 (12)

DOI: 10.2174/9798898812256126040005

* (Excluding Mailing and Handling)

Abstract

This chapter reviews the use of data science and machine learning applications to facilitate the analysis of evidence and the processes of juridical proof. Innovations in data science and machine learning have led to advancements in forensic interpretation, risk prediction, and the efficient processing of large datasets of ‘open source’ material. However, the ‘holy grail’ of data science development in the evidence domain is the modelling of legal arguments themselves. Data science holds the potential to play a leading role in understanding and modelling the fact-finding process. Argumentation schemes have thus become a major research focus and hold the potential - when aligned with parallel developments in legal reasoning – to fully automate the trial process. This chapter considers the standard applications of data science to legal evidence – forensics, prediction, and data processing - before reviewing the work of the Groningen School, which has played an important role in shaping this field. Crucially, it is intended that this introductory chapter offer an integrated perspective on evidential reasoning, demonstrating not only the unique affordances of particular inferential modes encountered in the surveyed literature but also highlighting the compound and contextually dependent nature of these features. This chapter, therefore, highlights the importance of attention to conditioning factors based upon the structure of, and inter-relations between, the overall form of the legal system, legal sub-field, mode of argumentation, and form of adjudication.


Keywords: Artificial intelligence, Argumentation theory, Law, Machine learning, Philosophy of evidence.