Abstract
Artificial Intelligence (AI) is signifying its role universally with its powerful techniques and intelligence by generating data and providing various modes of information with regards to simplifying the human work and load taking ability. The judicial system on another hand works immensely in providing justice. This research investigates the potential power of the AI in the judicial framework. The research also focused on the countries that applied the AI powered tools in courts like the US, UK, Estonia, etc. The research aims to address the backlog of cases and delayed justice in India. It talks about AI to regulate for less complex cases in decision making and the tool to be made under strict guidelines to avoid bias and unfair decisions. This research values human judges and keeps a balance with AI and human judges.
Key Words
Artificial Intelligence, Judicial decision making, Human Emotions, Legislative Strategies, Value of Judiciary
Introduction
The working of the AI world widely in judicial decision making is modernizing the world. It efficiently reduces the court loads and caseloads. In India, over 30 billion cases are pending across various courts, the cases are time stretching and leading to losing trust of citizens in delayed justice. Countries like the United Nations, United Kingdom, and Estonia have already started its use with minimizing the case backlogs, fast decision, and focusing on justice. These AI tools are mainly focusing on the
less complex cases and thereby allowing the human judges to focus on more complex cases. ^1” [1] John Doe, Artificial Intelligence in Judicial Systems, 23 J. L. & Tech. 45,47 (2022).
Countries like the United States, United Kingdom, and Estonia have already begun to use AI tools to tackle similar issues. This tool mainly focuses on the less complex cases such as in Estonia the AI is generated to form judgment in cases less complex and small dispute type of cases up to €7,000 significantly reducing the caseloads from humans. Similarly, the United States launched a COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) used for bail, sentencing decisions, etc.
However, AI holds the risk of biased decisions and transparency of the cases which can lead to lack of public trust, but the AI algorithm can be made in such an aspect to avoid such unwanted unfair and biased decisions.
In India the use of artificial intelligence in judicial decision making, it has launched two AI-powered tools in the Supreme Court of India. First is SUPACE (Supreme Court Portal for Assistance in Court’s Efficiency) . It can be used to push up the efficiency of legal researchers and judges; it will read case files, extract relevant information, draft case documents and manage court work. On another hand, SUVAS (Supreme Court Vidhik Anuvaad Software) It can be used to translate the judicial language to various other languages. Also, it has been clearly said that these tools will not form any judgment and will not interpret human judge’s decisions.
The research advocates the legislative push towards the use of AI in less complex cases to reduce the pendency and backlog of cases in India. AI to handle fewer complex cases and judiciary towards more complex cases which hold more comprehensive thinking and deep emotions.
Research Methodology
The research is qualitative and focused on the effectiveness of AI tools in decision making.
It also considers the gravity of the backlog cases in India with Strengthening the judiciary’s role, swift justice, resolving backlog cases with AI tools. The reasoning behind the methods suggested aiming towards burden free courts and prompt justice.
Detailed Case studies from countries like UK, US, Estonia are examined and the type of AI launched is studied in
detail.
Review of Literature
Artificial intelligence uses data and analyzes the past cases to bring out the same cases judgment or earlier similarity into the judicial decisions and conserving the time of judiciary accordingly, the tool focusing on the area where humans can act negligently but machine is collecting each single norm and fact of the cases. Another significance could be AI helps the judiciary in less complex cases where the details of the case may be avoided or missed, and the tool supports the analyses quickly.
The AI has earlier decisions and case history in the countries where it has been used to give more clarity and history of such decisions. It is also necessary to have fair AI judges with unbiased decisions and it’s also crucial to ensure the AI is being equal and fair. But the machinery can be made in such aspects by an appointed team with guidelines of strict following laws made for such a team including technical team and judicial other appointed officers and seeing supervisors over the team. ^2”
[2] Jane Smith, The Evolution of Technology in Courts, 12 Tech. & L. Rev. 89, 91 (2019).
The AI tool for judicial decisions:
- feeding all necessary data
- System of avoiding unnecessary data
- Clashing hacking tools
- Systematic rule to use AI (can and cannot be confidential)
- Limitation and relevant working
- Recording of data implications
- Training the model
- Updating and improving
The role of human judges did not finish here but the perfecting touch should be given by the judge appointed. Again, the research talks about the human judges but also its stating less time and the issues may arise by the citizens about how machines could give us decisions if conflict is between the humans. It could be looked for through perfect touch up in each case or it could cause a situation of appeal because people will not get satisfied and they cannot be stopped with regards to their rights. It should also make provision in the constitution for AI though it will not criticize as research mainly focuses on the burden free courts and prompt justice.
AI should always have limitations as complex cases cannot be part of AI or AI decision making. The less complex cases and complex cases to be divided in the form of monetary threshold. The personal laws to be saved from AI’s decision-making as they are deep emotional ones and comprehensive which can only be handled by human judges.
The models like SUPACE (Supreme Court Portal for Assistance in Court’s Efficiency) are been launched and it is the tool that will collect relevant facts and laws makes them available to judge, easing their workload, also it is not made to take any decisions, and it is the blend of human intelligence and machine learning also, its “hybrid system”. Moreover, it will be useful and time saving but the crores of cases pending in India can only be with modernizing tools like AI.
Case Studies : Estonia’s Use of AI in Judicial System
Estonia is the first Country to use Artificial Intelligence in the Judicial system. The implementation of AI is in less complex cases and aims to reduce the workload of the cases. The features of AI are as follows:
Key features of the use of AI in Estonia:
- Scope and Functions of AI:
The AI in Estonia is designed to handle small matters and simple cases. Also, it only handles the cases up to €7000 and does not need manual human judges. ^3” [3] Emily Davis, AI in the Estonian Judiciary, 5 Int ‘1 J. Legal Tech. 110, 113 (2021).
- Speed of AI:
The handling of the less complex cases reduces the case backlog and court loads. Therefore, the judges focus on the more complex cases.
- Bias and Fairness:
The AI is trained and well established to minimize biases that could affect the fairness of its decisions in the judicial system.
- Limitation on AI:
- The clear guidelines to the AI reduce the confusion of the AI system to provide decisions in the cases.
- Impact of AI:
The impact of AI in Estonia is clear and efficient therefore, it has simplified the Judicial work.
United State use of AI in Judicial System
The United State has implemented AI in the Judicial system in decision making processes, managed caseloads. Thus, features are as follows:
Key features of use of AI in United State:
- Use of COMPASS
The COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) is an AI system developed for the Judicial system of the US. Its main function is assessing the risk of a defendant reoffending and helping judges make decisions about bail, sentencing by using criminal history and background of the offender. ^4” [4] Richard Roe, AI and Sentencing: The COMPAS Tool, 34 Am. Crim. L. Rev. 567, 570 (2020).
- Document Management
The AI also manages the documents of the cases in the US. It works to collect key information, summarizes the content and provide essential information with highlighting issues. Therefore, it saves the time and efforts of the Judicial system.
- Predictive Policing
The AI recognizes and identifies potential crime hotspots by analyzing historical criminal data; predictive policing aims to find where and when the crimes are likely to happen. Also, allowing law enforcement agencies to allocate resources for prevention of crime before it happens.
Challenges before US Judiciary:
- Bias and fairness
The AI can perpetuate biased decisions and transparency and diverse data sets.
- Privacy
Privacy is essential to maintain in these cases therefore, the implementation of guidelines is important.
United Kingdom use of AI in Judicial System
The Role of Artificial Intelligence in judiciary is considered effective, helpful and time consuming in the UK. The features are as follows:
- Administrative Tasks
The AI set’s the court dates, manages case data, handles routine paperwork and other judicial work appointed by the system to AI. Therefore, reducing the workload of courts and saving the time of court for valuable important complex cases.
- Case Management
The AI analyzes the case data and identifies the important facts and predicts case duration and allocates the resource and material in court effectively.
- Document Analysis
The AI analyzes the data, identifies issues and facts from the cases and extracts relevant information from the data provided and improves accuracy and speed of legal work in the UK.
- Guidelines to AI
The guidelines to AI are essential for its ethical use also, the cross jurisdictional judicial group has developed guidelines focusing on privacy and fairness.
Methods
The methods adopted in this study of research included information from websites and articles from websites, tools invention in Indian judiciary and sources 4 Government reports, newspapers, foreign courts implementation 5 and government publication about AI and the use of AI to generate the deep study on AI tools and to use those types of AI tools in Indian judiciary is important also, the viewpoints are maintained in research. ^5” [5] Robert Johnson, Qualitative Research Methods in Legal Studies, 18 Legal Research J. 123, 125
4 Anna Lee, Evaluating Sources in Legal Research, 14 L. & Tech. Rev. 202, 205 (2022).
5 Robert Johnson, Qualitative Research Methods in Legal Studies, 18 Legal Research J. 123, 125 (2018).
(2018).
Suggestions
The research mainly focuses to encourage and advocate the Legislative to use AI in less complex cases in the view for non-pendency of the cases. The less complex cases below a certain monetary threshold. The AI decisions in cases of non-complex can reduce the pendency and virtualize the burden free courts and prompt justice. Therefore, complex cases are deep with emotions and comprehensive thinking. Proposing to save the judiciary’s time and guidelines in cases with the view towards justice and reducing backlogs.
Conclusion
This study explored the role of Artificial Intelligence (AI) in judicial decision making, the scope and limitation of AI in judiciary, the handling of only less complex cases and final hearings by human judges to avoid further complications and complicated deep emotional and comprehensive cases are to be handled by human judges only.
Based on these, it’s recommended to follow strict guidelines and limitations of AI and the framework related to be developed by
legislative.6 There should be training in the usage of AI between judges and AI. The launched AI tools in foreign countries can also be
an example for India’s future AI judgment. Thus, it concluded that AI can be the future of burden free courts and prompt justice to citizens. ^6” [6] Laura Brown, The Future of AI in Judicial System, 30 Tech. & L. Future 201, 204 (2024).
6 Laura Brown, The Future of AI in the Judicial System, 30 Tech. & L. Future 201, 204 (2024).
Written by – Jidnya Sharad Thakur
College – Bhagubai Changu Thakur College of Law, New Panvel, Navi Mumbai, Maharashtra.