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Is AI a More Sustainable Option Than Human Intelligence In Delivering Faster And Effective Justice In India?

By Jyostna Dey

Artificial intelligence is believed to have the ability to function and perform like that of human intelligence and possess the capability of reasoning, arguing, perceiving and acting rationally. We can say to an extent it can imitate all human functioning but this belief in itself is paradoxical.

As we talk about it on the global platform itself, the views are bifurcated some believe it as next disruptive technology which would lead to development and growth whereas some hold the view that it may lead to job losses and increase unemployment.

Researches have been made on AI towards developing such machines which can imitate human cognitive and logical skills.

Many countries have already adopted AI in judicial litigations,
according to CEPEJ and the court administration of Latvia held a conference on “Artificial Intelligence” at the service of the judiciary, on 27th Sep 2018, it formed a platform which collaborated representatives of the academic world, professional justices, from different European countries to discuss the relevance of AI in the judicial arena, to ensure delivery of improved quality of justices, while maintaining the key fundamental principles and further highlighted the directives on which application of AI will be based upon in judicial system.

Is AI more effective? can it replace lawyers and judges?

AI is something not new as such it has already being used by the judicial system all around the world like in U.S.A to lessen the burden from the judicial system, predictive algorithms are currently being applied. various technologies such as historical crime statistics and facial recognition are also used. It is expected that this kind of automation will bring greater effectiveness in their judicial structure.

In China city of Beijing is claiming to have introduced AI-powered judge which is proclaimed to be the first of a kind and is expected to bring forth a new evolution in the era of the judiciary, it has introduced an internet-based litigation services centre which features AI judges.

Can we trust the decisions made by the AI?

The answer is still contradictory, though AI can make a different kind of legal decisions, this need not mean to be completely authentic. 

The AI which is based upon using predictive algorithms by making the use of machine language, tend to rely upon the already existing uploaded data or earlier historical information. Its accuracy depends upon the quality and type of data fed in it.

As it was deduced from the research of 2008 that AI has smarter and greater potential to work efficiently being much faster and better at identifying legal issues than human intelligence could ever do. It enables the mechanization of decision making without human interferences, this goes in favour of the argument that AI can be used in the legal sector or at least it can help in giving a conclusion in legal precedences.

Can AI take the place of judges?

As it is a fact that AI has been used all over the world legislative system. They are capable of fulfilling partial work or ‘sharing of burdens of judges and lawyers’ but we can’t ultimately depend on them.

Though some argue that AI can be seen as an “unbiased mechanism” in solving some legal cases where judgments will solely depend upon the facts, existing legal precedents which is earlier expected from human judges but as it is believed that humans judgement power could be affected by prejudice, unconsciousness and biased despite the best of their efforts put in.

Though certain things remain in the principality of philosophical debate which is at par from the knowledge of computers.

While on the other hand, some affirm that there are certain prominent roles of the judges in deciding on convict’s sentence/ punishment. This could range from minor to major decisions like that of imposing long term imprisonment or the death penalty.

Those decisions embark upon certain guidelines of conviction which take into consideration the propensity of crime, its influence upon the victims, history of conviction, in this AI has already rendered its diligent role in catering fair judgements.

Judges have the power to ignore the suggestions made by AI, but that will become insignificant if human judges are completely wiped off from the legal system.

Unbiased essence of AI judges: is it feasible?

The artificial intelligence of decisions making which works on algorithms and codes are expected to be unbiased, for this aspect it sets AI as the perfect example for displaying effective legal decisions, but that sounds quite awkward because nothing can be so perfect in its true sense. So that goes with AI as well, which has to be coded by humans only, thus human intelligence is needed to manifest the super artificial intelligence into the legal framework. This can, in turn, create a condition of overlaps or unintended bias.

AI may inherent the human trait of biases of making an error then how these issues will ever solve ?

The only way is not to be over-dependent on AI, they should not be treated as a final result in itself.

Can human judge supersede the decision made by AI?

So, the final answer to such questions remains uncertain as to how the government or judiciary will adopt which of these technologies.

Some benefits attached with that are trials may get faster and better with an improvised mechanism of data analysis, the overall performance and effectiveness of the legal system will improve, like that in advisory roles or gathering pieces of evidence, quite prompt decisions can be expected.
Here the ethics accompanied with fairness, accountability is vital aspects of the wide acceptance of AI, which could be enabled by setting up of centre for studies on technological sustainability(CSTS) and decision-making capabilities.

But the legal fraternity can’t completely rely upon AI for the final judgement and sentencing decisions. Finally, the law and the legal system needs the guidance of human intelligence. As with every passing time and advancement in society, the legal system has improved and upgraded to meet the latest need of human civilization.

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