Introduction

Machine learning in bail decisions and judges’ trustworthiness

“…To argue for the intrinsic value of judicial procedures, I turn to the relational theory of procedural justice. According to this theory, good judicial procedures are essential for people to conceive themselves as meaningful and respected members of a community (Meyerson et al 2020 , 4).…”

“…One key finding of this type of empirical research is that people who went through a legal process did not only value the final decision regarding their case, but also gave as much importance to the perceived fairness of the procedure. This perception of fairness is generally broken down into four more precise criteria: respect, trustworthiness, neutrality and voice (Meyerson et al 2020 , 4–5). Fostering a positive perception of procedures based on these criteria is valuable for many reasons, but I will focus on two.…”

“…2 They argue that certain basic features of the procedures matter significantly for those facing potential legal consequences, because it affects the degree to which they perceive the legal process as being fair. Some (Meyerson et al 2020 , 1) even argue that the perceived fairness of procedure is sometimes as important for defendants as getting the right legal outcome. For instance, empirical studies have shown that defendants were much more willing to accept a legal decision that went against their interests if they judged that they were treated fairly (Meyerson et al 2020 , 4).…”

“…Some (Meyerson et al 2020 , 1) even argue that the perceived fairness of procedure is sometimes as important for defendants as getting the right legal outcome. For instance, empirical studies have shown that defendants were much more willing to accept a legal decision that went against their interests if they judged that they were treated fairly (Meyerson et al 2020 , 4). This perceived fairness is generally broken down into four more precise features: respect, trustworthiness, neutrality, and voice (Meyerson et al 2020 , 4–5).…”

“…For instance, empirical studies have shown that defendants were much more willing to accept a legal decision that went against their interests if they judged that they were treated fairly (Meyerson et al 2020 , 4). This perceived fairness is generally broken down into four more precise features: respect, trustworthiness, neutrality, and voice (Meyerson et al 2020 , 4–5). According to this growing literature, even when we get the right legal result, procedures that are lacking these features can have damaging effects on defendants’ capacity for self-respect and are also correlated with reduced compliance with the law, another strong desideratum of legal decisions (Sorial 2020 , 153–154).…”