This article is written by Utkarsh Singh, from Amity Law School, NOIDA. This is an exhaustive article that deals with the use of artificial intelligence in the judicial system and how it will affect its functioning.
Table of Contents
Introduction
Imagine a courtroom where a judge has the power of artificial intelligence and advanced analytics software to improve the speed of the judgment, the speed of the trails ensuring justice. AI (artificial intelligence) is not just an application to store records but it is a technology that helps the humans by acting like them. In the twenty-first century, artificial intelligence is beneficial for solving problems in a faster way and helps humans with their busy life. It is a machine which matches the reasoning power of humans and functions accordingly.
I think this industry will be our future and humans will rely on artificial intelligence more and more because in modern society it is getting more versatile in every field like automobiles, defence, education, the judicial system and many more. It is said that artificial intelligence can be used in the judicial system very effectively as it can help the judges to tackle the problems of court by which it can help in lessening the number of pending cases and make the judicial system fair by the knowledge of artificial intelligence. Nowadays the legal firm and lawyers are using the artificial intelligence system in drafting and making notes, reviewing long documents like contracts in very less time as compared to humans.
Drafting of contracts is done through contact intelligence also referred to as COIN which is a part of artificial intelligence. Recently there was a competition held between artificial intelligence and the lawyers where accuracy level of artificial intelligence was 86.6% while the lawyers were 66.3% correct.
Our Chief Justice of India S. A. Bobde was giving a speech on the occasion of Constitution Day which was organized by the Supreme Court Bar Association in which he said that artificial intelligence will be the future of the Indian Judicial System and it can improve the efficiency of the system but it can never replace the wisdom, knowledge and experience of the judges. On that day he and our President of India Ram Nath Kovind launched an application that was trained by artificial intelligence SUVAS(Supreme Court Vidhik Anuvaad Software) which can convert any English judicial document into nine other languages of India.
Modelling AI Development
This part says that artificial intelligence will bring a change in the values of the Judicial System. One can say that artificial intelligence follows the codified rules and gives justice accordingly but, for ensuring a fair justice, sometimes emotions have to be taken into account besides the written rules. It is emerging as one of the greatest technologies that will reduce the workload of legal professionals and help in the development of value thereby creating a self-reinforcing cycle.
Legal change
This part says that artificial intelligence will bring a change in the values of the Judicial System. One can say that artificial intelligence follows the codified rules and gives justice accordingly but, for ensuring fair justice, sometimes emotions have to be taken into account besides the written rules. It is emerging as one of the greatest technologies that will reduce the workload of legal professionals and help in the development of value thereby creating a self-reinforcement cycle.
Rule Updating
This is the first step in the legal change for artificial intelligence as the law is a very important part of the human being and when in the future humans start relying on artificial intelligence then the old rules made will be nullified and the updating of law will be required. As technology will get advanced day by day, we need to update our judicial system on a regular basis. The point here is not changing the law entirely but the idea should be changed over time as technology evolves, without changing the values that our laws give to our life. Rules should be changed in a way that it checks the mistakes of a new invention to protect the welfare of human beings. When artificial intelligence will come in our daily lives, the way of living will be changed by the humans and then artificial intelligence will do most of our work and they will make mistakes also because one cannot learn only by the past experience so then we have to make a legal system that deals with mistakes of the artificial system or we have to set some ground rule before making an artificial intelligence machine that would lessen the mistakes of artificial system. Before we bring artificial intelligence to the market we have to go through many test trails so that the integrity of our human society will be intact and we can control damage before it happens in the future.
Value Updating
In modern times human being’s lives are influenced by the technology around them. In this time technology is a vast part of human life. Day by day man is relying on technology which changes the values there and also many social practices are abolished by using technology and new legal laws are formed because the values and the traditions of the men are changing. So when artificial intelligence will come then the value of man’s life will be different. By this, we have to change our laws and make them convenient for the welfare of human life.
Adjudicatory Justice
It is mainly divided into two subparts- Equitable Justice and Codified justice. These two models make the complexity of the jurisprudential questions easy, and both may overlap in practice. But by learning in detail these two topics tells us how artificial intelligence challenges present-day ways of understanding the judicial system. Artificial intelligence may seem new but it is a longstanding debate about law and nature.
Equitable Justice
Equitable justice involves both reflections on the qualities set up by the legal framework and the contemplated use of those qualities, in the setting. Equitable justice is generally noticeable in discrete legal decisions that are administered by levels and applied to realities determined through individualized procedures. Artificial intelligence will increase the number of fair trails as it cannot be controlled by the men and it cannot be affected by any emotions of mercy. It will give equality to every citizen and it will give decisions based on facts and witness. The quality of equitable justice will increase because it will be able to give judgment on the basis of law. Today many European countries are using tools like “cyber justice” and tools that help the judges to communicate to the lawyers and provide direct assistance to them. By this, we know that artificial intelligence is our future and there will be a time where it will give equality to every citizen and help the lawyers or judges in giving judgment.
Codified Justice.
The cases in which the judgment is to be done by a set of rules or laws which will always apply in this type of cases and these rules are codified, this process is called codified justice. In future judges can apply these sets of rules in a number of cases with the help of artificial intelligence and solve the cases in no time. The codified justice is easy to deliver with the help of artificial intelligence because it learns from the past experience and in the case of codified justice they are always the same so artificial intelligence will be quick to apply the codified rules in the same type of cases.
Concerns
Using artificial intelligence will change the way of living of humans and this will lead to some dissatisfaction between humans and some concerns which are incomprehensibility, datafication, disillusionment and alienation. Every concern puts light on different aspects of humans’ life which are trust, adaptation, understanding and participation. Artificial intelligence will disrupt each and every known work by giving us new decision-making technologies which will solve the issues in a different manner than humans are familiar with. In ways these changes can be beneficial and artificial intelligence may be good for us but the concerns are still a serious topic which is discussed below.
Incomprehensibility
This is a known risk for humans as artificial intelligence is nearly impossible to understand for them who do not know about technology. At this time artificial intelligence lacks logical reasoning and it does not have its own mind because it is basic programming. But the real concern here is that if in the future there will be a time where artificial intelligence has its own logical reasoning and nature then it will be incomprehensible to normal people. This incomprehensibility can reduce the accountability of the judiciary system as artificial intelligence will be introduced in the Courtroom. The normal or the once who do not know artificial intelligence will not be able to convey their problem. So we have to find a way where this incomprehensibility gets nullified, that is we have to make an interactive artificial system that is easier to understand.
Datafication
Artificial intelligence is more dependent on past experience or one can say that it learns from the past experience. If this artificial intelligence learns the business of some cases in the judiciary then it will be not effective and it will be difficult to correct the biases of each and every case. There is one more problem that the human judge learns new things as he grows older and the changes in the judgment but artificial intelligence will be the same throughout life.
Disillusionment
In modern times artificial intelligence will be better than human judges. As some judges are biased, give the judgment for self-interest and prejudice but on the other hand, artificial intelligence is not biased or cannot give the judgment in self-interest and treats everyone equally this may be a disillusionment for some people and people may not like it.
Alienation
In modern times artificial intelligence will be better than the human judges. As some judges are biased, give the judgment for self-interest and prejudice but on the other hand, artificial intelligence is not biased or cannot give the judgment in self-interest and treats everyone equally this may be a disillusionment for some people and people may not like it.
Will this form be accepted by the people
As a human being is a social animal which learns quickly and has the curiosity in learning new things over time. We can say that human beings cannot live without development in society and day by day he is inventing things that make our life easier and artificial intelligence is one of them and I think that people will be able to accept these technologies as we have accepted each other because after all, it is making our life easier. In the judicial system, this kind of technology will take time to come and get accepted but eventually, we will be able to live with artificial intelligence and will be able to use it in our daily purposes and as time goes we will be able to understand more and more.
Conclusion
In modern society, lawyers and judges are trained to practice law in such a way that ensures justice and equity among the people. Even in the absence of artificial intelligence amendments are being made to the existing laws and landmark judgments are being given to ensure the smooth functioning of the legal system. However, we are aware of the huge amount of the pending cases in the judiciary that needs to be rectified for which manpower would not suffice. Thus, the introduction of artificial intelligence in the legal industry would be a giant leap towards the development of the legal profession. And it will help our upcoming generation and it can give the non-biased judicial system and legal system.
References
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