AI and the Law ( AI in Decision-Making )

 Abstract:

            In many sectors today, including medicine, Banking Sector, and engineering, artificial intelligence is being used to solve complex problems. Despite the massive adoption of AI in various disciplines, the legal profession is still not sufficiently involved. Many law firms still conduct business with antiquated hardware and software. They have a tendency not to use contemporary technologies, like AI, to facilitate and expedite their advancement. AI enables lawyers to automate their routine tasks and frees up their time for more useful and strategic work.

Introduction:

        The beginning of the technological revolution began in the 17th century when Karl Benz invented the two-stroke petrol engine, which has led to other advances that ultimately benefit society at large. Today, we can see how technology allows us to learn new things. For example, we can send messages quickly using WhatsApp or email. Due to technology, there has been a tremendous increase in the daily field; similarly, technology is used in many fields; most recently, we have seen a rise in the use of technology in the legal profession. According to the Indian Evidence Act and many judgements like Navjot Sandhu, the court concluded that a certificate is not required for electrical evidence in accordance with section 65(B).Later, the disagreement occurred, but in 2020, it was determined that a certificate is required by section 65(B) in the case of Arjun Padit v .kailash kushanrao. Technology is starting to show up in legal proceedings as well. Recently, the SC are in the opinion of using technology for searching the previous verdict and preceding for helping or solving the present case.

This article deals with AI and the development of AI in the field of law.

The replication of human intelligence functions by machines, particularly computer systems, is known as artificial intelligence. Expert systems, natural language processing, speech recognition, and machine vision are some examples of specific AI applications. AI is significant because technology has the ability to alter how we work, play, and live. Automation of human jobs including customer service, lead creation, fraud detection, and quality control has been successfully applied in business.AI can do tasks significantly better than humans in a variety of areas.AI systems frequently execute work quickly and with very few errors, especially when it comes to repetitive, detail-oriented activities like analyzing a huge number of legal papers to verify important fields are filled in correctly. Due to the enormous data sets it can process, AI may also provide businesses with operational insights they may not have previously known about. In domains ranging from education and marketing to product creation, the fast growing population of generative AI tools will be crucial.

Modern technology has reached a turning point with the development of artificial intelligence. Simply said, AI seeks to develop a computer-based system that is as intelligent as a human.  The inventor of artificial intelligence, John McCarthy, defines it as "the science of creating human intelligence in machines. "Artificial intelligence learning based on experimental data.  They are related to Soft Computing, Non-symbolic AI, and Scruffy AI. AI comes in two flavors: weak AI (also known as narrow AI) and strong AI. Weak AI systems are built and trained to do a certain task.  One can use virtual assistants like "Alexa" as an example. They have received training to recognize voices and carry out some specified activities that the user specifies. Strong AI systems are capable of solving problems on their own. They are capable of communicating, planning, making decisions, and solving puzzles.

Artificial Intelligence and the Law:

The unquestionable technological revolution that civilization is currently going through will affect practically every part of our life, both personally and professionally, including how disputes are raised and settled. Concerns about the money and time required to resolve conflicts are growing as there are more international business relationships and prospects in the digital age. More transactions equate to more disagreements. In order to address them, we need systems that are quicker and easier to use. Artificial intelligence has the potential to decrease conflict resolution's cost and duration while simultaneously boosting predictability and lowering risk.

E-sale contracts can now be signed by parties from all over the world with just one click; in-person meetings are no longer necessary. Due to the quicker and simpler ways to establish commercial relationships, there are also more disagreements arising from online activity. As a result, there is a huge need for quicker and less expensive conflict resolution processes. Technology advances are accelerating the use of AI, which is being used by courts to manage cases and by attorneys in strategic cases to plan based on algorithmic forecasts. ODR can improve public access to justice since it is more adaptable and affordable than traditional processes. 

In reality, the European Commission created a mechanism called the European Online Dispute Resolution (ODR) platform to aid in the resolution of disputes between consumers and merchants involving online purchases of goods and services. Alternative Dispute Resolution Mechanisms are more receptive to AI as courts stick to tradition and only use technology as a support tool, primarily in the form of databases or case law study tools. One of the most well-known ADR techniques is arbitration, which has the potential to be converted into an ODR process. Arbitration has been forced to conduct arbitrations that are essentially international because to the pandemic. Technology helps with duties like arbitrator selection, cost estimation, discovery, and legal research, among other daily aspects. 

Despite the fact that the tools are distributed. Some members of the arbitration community have discovered that this is not a passing fad and that technology must be included into case management for dispute resolution. In this regard, a project called ArBot is already planned to centralise technology use in a special Arbitration Tech Toolbox.

Arbitration is adaptable to the new Digital Era and all that it entails, as we previously indicated. In this context, our co-administrator Elizabeth Chan organised the First-Ever International Arbitration Gathering in VR on January 27, 2022, with assistance from ArbTech.

AI is helpful in legal proceedings to quickly locate analogous precedents to which the current case may be compared. Human minds cannot be compared to robots because, unlike robots, which have updated features that make them always remember, human minds are living, emotional beings, and cannot possibly remember every detail. This is an accepted fact, and it is also why it often takes time to resolve a dispute through research or discovery. In a similar vein, we can observe that Special courts have been emphasising swift resolution of disputes. 

Time is crucial to the resolution of any issue. It is a common misconception about the Indian judiciary that it takes a long time to resolve a case, despite the fact that the burden of proof rests with the judiciary and that the number of cases is steadily rising. AI enables litigants to demonstrate their conceptual shortcomings and to locate similar judgements on which the court can trust. 

Recently, Columbian judge Justice Juan Manuel Padilla delivered a judgement using the AI programme ChatGPT. He was handling a situation involving insurance claims for a youngster who had autism. When Justice Padilla asked the ChatGPT bot, "Is an autistic minor exonerated from paying fees for their therapies?," the AI responded with an answer he agreed with, and he included that dialogue in his ruling. As a result, he issued the ruling that a child with autism was free from paying therapy costs under Colombian law. The employment of AI, according to Judge Padilla, does not supplant judges as rational people.

Recent Development:

        When CJI D.Y. Chandrachud heard a petition earlier this month asking for virtual hearings to be recognised as a basic right, he declared: "Technology is here to stay for the future, forever." The CJI's statements portray an ambitious image of his attempt to use technology to reform the Indian legal system.  CJI Chandrachud unveiled his most recent Artificial Intelligence (AI) supported initiative—live transcription of Constitution Bench proceedings—on February 21st, 2023. The effort on transcriptions comes after other AI-supported programmes like SUPACE (2021) and decision translations (2019). India is not the only country using technology to create a legal system that is more effective. Other nations have likewise implemented cutting-edge uses of AI in their courts. If we look at recent developments in the Indian judiciary, the Supreme Court has given permission to locate cases using data.

In order to improve the delivery of justice, the United States has undertaken a number of programmers that make use of AI. Some US courts use AI in addition to research tools to assist judges in reaching fair and impartial judgements.  AI programmers examine data and forecast a case's outcome. Judges can analyze risk with the help of AI-powered systems like COMPAS (Correctional Offender Management Profiling for Alternative Solutions). These technologies analyse several aspects, including criminal past, social and economic background, and mental health, and then apply machine learning algorithms to forecast the chance of recidivism. In addition, the US Sentencing Commission employs AI to create and execute sentencing guidelines, which assist judges in determining an appropriate and uniform sentence for various crimes. 

Since 1990, China has been attempting to incorporate AI into its legal systems. The 'Smart Court system' is the best illustration of this. Every practising judge in China has a connection to the Smart Court system, which uses AI to assist in case analysis and decision-making. The internal system may examine data from prior cases to assist judges in finding pertinent laws and precedents and can even make sentence recommendations based on cases that are comparable. Chinese courts use AI in addition to the Smart Court system to aid in legal research. For instance, the Supreme People's Court of China has created a legal research portal driven by AI called "China Judgements Online" that enables judges to instantly access and search for pertinent legal documents.

Conclusion:

        A machine can be made to act intelligently like a human by processing data and automatically learning from patterns and features in the processed data, which is the basic idea behind artificial intelligence.

This avoids accusations of bias against the judiciary. While AI aids in quick resolution and provides protection and precise legal support, this advancement in the legal profession was necessary due to technological advancements.