Table 10.
Descriptions of judicial decision-making and LOA’s used in the survey
| Decision making stage | Description |
|---|---|
| Information acquisition | When deciding a case, a judge needs a wide range of information to decide a case—legislation, decisions in similar cases, and legal arguments. The alternatives for outcome and arguments depend on the information found |
| Please read the following options and choose which option you think would best provide a final solution in most cases: | |
| [Automation level 0] The Judge is the only source for searching, filtering and selecting information | |
| [Level 1] Searching and filtering information is done in the program using keywords, and the judge must select the most relevant information | |
| [Level 2] Searching and filtering information is done by entering keywords in the program, the program highlights the most relevant information, but the judge must select the most relevant information | |
| [Level 3] Information search and filtering is done in the program according to the keywords selected by the program, the program selects the most relevant information, and everything is displayed to the judge | |
| [Level 4] The program performs a full search for the required information, the judge is not presented with the search results | |
| [-] This decision-making stage is not relevant to ensure a fair final decision in the case | |
| Information analysis | The collected information is analyzed and interpreted to choose the best solution. The judge can investigate relations among arguments, the relative weight of the arguments, and the reasonableness of the possible decisions for the case |
| Please read the following options and choose which option you think would best provide a final solution in most cases (all levels of automation are available regardless of the previous level of automation you would have chosen): | |
| [Automation level 0] The judge does all of the analysis and interpretation needed | |
| [Level 1] The program performs the analysis, but it is up to the judge to interpret and relate the analysis to the case outcomes | |
| [Level 2] The program performs analysis and interpretation; the judges can read the analysis and interpretation, adjust only if necessary | |
| [Level 3] The program performs analysis and interpretation; the judge can only read through the analysis and interpretation | |
| [Level 4] The program performs the analysis and interpretation; no information is provided to the judge | |
| [-] This decision-making stage is not relevant to ensure a fair final decision in the case | |
| Decision selection | In the decision selection stage, the judge can rate the available alternatives (possible options for the final decision and arguments) according to which alternative would be the most appropriate |
| Please read the following options and choose which option you think would best provide a final solution in most cases (all levels of automation are available regardless of the previous level of automation you would have chosen): | |
| [Automation level 0] The judge assesses which decision alternatives and arguments are the most appropriate, and which are less appropriate | |
| [Level 1] The program and the judge evaluate alternatives; the judge may consider the program proposals | |
| [Level 2] The program evaluates alternatives, and the judge is provided with explanations to support the evaluations. The judge will evaluate the alternatives only if necessary | |
| [Level 3] The program evaluates alternatives, and the judge is provided with explanations to support the evaluations. The judge has access to a reduced list of the most suitable alternatives; no explanations are given | |
| [Level 4] The program selects the most appropriate arguments without explanation. The judge is not present at this stage of the decision-making process and does not receive any information | |
| [-] This decision-making stage is not relevant to ensure a fair final decision in the case | |
| Decision implementation | In the last stage, the most suitable solution is implemented |
| Please read the following options and choose which option you think would best provide a final solution in most cases (all levels of automation are available regardless of the previous level of automation you would have chosen): | |
| [Automation level 0] Only the judge can prepare a court document with the final decision and its reasoning | |
| [Level 1] The program prepares a text with a final solution and reasoning. The judge can accept the text, edit it, prepare his/her own version | |
| [Level 2] The program prepares a text with a final solution and reasoning. The judge can reject the prepared text within a certain period of time. In exceptional cases, the judge prepares the text herself/himself | |
| [Level 3] The program prepares a text with a final solution and reasoning. The judge can familiarize himself with the prepared document. In exceptional cases, the judge may edit the decision | |
| [Level 4] The program makes a decision and prepares a text with reasoning. At this decision-making stage, the judge does not participate, does not receive any information, and cannot change the decision | |
| [-] This decision-making stage is not relevant to ensure a fair final decision in the case |
This table presents the text used to explain the LOAs to the respondents in the survey