Identifying biases in legal data: An algorithmic fairness perspective

As artificial intelligence enters the legal space, it is essential to recognize biases in legal data and ensure that they are not replicated and reinforced with legal technology [7, 13, 18]. Furthermore, understanding biases in legal data and developing discrimination-free technology could help the legal space to become fairer and more widely accessible. We typically find two types of biases in legal data: First, representation biases, i.e., certain social groups are over-or underrepresented in a data set. Second, sentencing disparities, i.e., the outcome of legal proceedings for similar cases varies across social groups. Representation biases may reflect disparities in policing (arrest rates) or in offense rates.