Can AI replace the courts?

(Ayesha Samad Afridi, Islamabad)

Every Judge and lawyer knows the legal outcome of a legal proceeding. So, can AI be believed to be more accurate in predicting the legal outcome than a judge? Would AI be unbiased in giving Judgements? If courts depend on AI and AI depends on the data put into it, how would it provide judgment in those cases with fewer or no case laws?

AI can't totally replace the Judge or lawyer in the courtroom because there is a considerable difference between predicting a judgment and exercising a judgment. When data is inserted into AI, it generates the outcome of many cases based on similarities between them. The thing is that AI depends on the past decision of the judges and can't produce a new judgment; even if it does, it would not be as efficient as the judgment given by the Judge. And the facts in a case vary from case to case, so that brings a huge difference in the judgment of those cases. And a country where the judges have discretionary power makes the judgment different in cases having similar facts.

So, if the AI is giving judgments based on the precedents, then it can't be more efficient than the judges, and it can't be unbiased because judges can be biased and wrong sometimes. AI is based on artificial algorithms and not on organic intelligence. But as more and more data are inserted into the AI, more accurate outcomes will be generated. It can be used to solve minor disputes between people but can't solve all cases. They work solely on the data put into it. AI won't make biased decisions if the data put into it is not of the biased judges.

Many sectors in Pakistan don't have case laws; for instance, domestic violence doesn't have many case laws. Although the cases are a lot, people don't report them. So, in this situation, AI would simply fail. Although, it can help the judiciary to find information and precedents on a case and save the court's time. But the judgment is given by the Judge looking at the facts of the case. The legal decision is affected by many things. It would not be possible for AI to analyze those factors and make judgments accordingly.

Another significant hindrance in making judgments by AI is that: What if the system is hacked or there is a fault in the system? It would lead to a big problem in society and be unjust to the victim if the judgment is given solely by the AI, which is hacked or has a fault. That is why looking at Pakistan's current situation; we can bring AI to courts to help judges and lawyers but not to give judgment. However, some countries have introduced AI in their courts to solve the problems of their citizens. It would not be wrong to say that AI can assist the human Judge in courts just as it is assisting a surgeon in the operation theater.

Ayesha Samad Afridi
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