Argumentation and intuitive decision making: criminal sentencing and sentence indication

Authors:
Andrew Vincent
Affiliations:
School of Management and Information Systems, Victoria University, Melbourne, Australia
Venue:
AICOL'11 Proceedings of the 25th IVR Congress conference on AI Approaches to the Complexity of Legal Systems: models and ethical challenges for legal systems, legal language and legal ontologies, argumentation and software agents
Year:
2011

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Abstract

This paper investigates criminal sentencing in the Australian State of Victoria in particular the intuitive nature of the decision making and the difficulties of representing intuitive knowledge. In order for decision systems to be useful for the purposes of training novice practitioners and law students in the complex area of sentencing they must be constructed with an authentic cognitive model that faithfully represents the sentencing process and also the decision-making process. In this paper a pre-cognitive model of the sentencing process is presented.