AI and Predictive Analytics in Law: Revolutionizing the Justice System AI and Predictive Analytics in Legal Decision-making.
ABSTRACT:
Massive expansion in the sphere of technology propels the country forward. When it comes to making a note on a laptop instead of a paper pen, writing thousands of things and rubbing it becomes easier and more sustainable. 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.
Keywords: Artificial Intelligence, Law.
INTRODUCTION:
The technological revolution began in the 17th century, when Karl Benz built the two stroke petrol engine, which led to additional breakthroughs that benefited society as a whole. Numerous benefits for the efficient running of the justice system come from the development of predictive justice. The use of predictive algorithmic models can increase legal certainty by motivating judges to coordinate their decisions, based on prior judgments made1 .
This can speed up case resolution, reference sentencing guidelines, out-of-court settlements, and the prioritizing of cases where violations seem likely in addition to standardizing the application of legal principles.2 Artificial intelligence (AI) refers to a machine's or robot's ability to accomplish tasks often carried out by intelligent beings. Because technology has the potential to alter how we live, work, and play, AI is crucial. A few of the human functions that have been effectively automated in business include customer service, lead creation, fraud detection, and quality control.
AI is capable of carrying out tasks significantly more successfully than humans in a number of fields. AI systems typically function quickly and with very few mistakes, especially when it comes to repetitive, detail-oriented jobs like evaluating a huge number of legal papers to make sure that important fields are filled in accurately.
Due to the enormous data sets that AI can process, it may provide businesses with operational insights they may not have previously known about. Education, marketing, and product development will all benefit from the fast growing pool of generative AI technology.3 The advent of artificial intelligence has marked a turning point in modern technology. Simply said, AI aims to create a computer-based system with intelligence comparable to that of a human. John McCarthy, the guy who created artificial intelligence, describes AI as “the science of generating human intelligence in machines.”
AI AND THE LAW:
The everyday field has increased significantly as a result of technology; similarly, technology is employed in many other sectors. Most recently, we have seen a surge in the use of technology in the legal profession. According to the Indian Evidence Act and other decisions, including Navjot Sandhu4 , the court found that a certificate is not necessary for electrical evidence in line with section 65(B). Recently, we have seen that courts have begun recognizing electrical evidence.
Later, in 2020, it was decided in the case of Arjun Padit v. Kailash Kushanrao5 that section 65(B) requires a certificate. Additionally, technology is starting to appear in courtroom processes. The SC has reportedly started employing technology to look up prior judgments and cases in order to assist with or resolve current cases.6
Judge Juan Manuel Padilla of Columbia recently employed the AI programmer ChatGPT to make a decision. He was in charge of processing insurance payments for an autistic youngster. The ChatGPT7 both were asked by Justice Padilla, "Is an autistic minor exonerated from paying fees for their therapies?," and the AI responded with a statement that he agreed with. He made his choice after taking that exchange into consideration.
He consequently decided that a youngster with autism was exempt from paying therapy fees under Colombian law. Judge Padilla contends that the deployment of AI does not eliminate judges as rational humans. In response to a petition earlier this month calling for the recognition of virtual hearings as a fundamental right, CJI D.Y. Chandrachud stated: "Technology is here to stay for the future, forever."
The CJI's words give off an ambitious impression of his effort to modernize the Indian legal system using technology. On February 21st, 2023, CJI Chandrachud announced his most current project powered by artificial intelligence (AI): live transcription of Constitution Bench sessions. After other AI-supported programmers like SUPACE8 (2021) and decision translations (2019), the effort on transcriptions is now being made.
India is not the only nation utilizing technology to improve the efficiency of its legal system. Other countries have also incorporated cutting-edge applications of AI in their courts. If we examine recent judicial developments in India, the Supreme Court has authorized the use of data to locate cases. The United States has implemented a number of AI-based programmers to enhance the delivery of justice.
To help judges make fair and impartial decisions, several US courts use AI in addition to research tools. AI systems can forecast the outcome of a case by examining data. Judges can benefit from the risk analysis capabilities of AI-powered programmers like COMPAS (Correctional Offender Management Profiling for Alternative Solutions). Since 1990, China has been attempting to incorporate AI into its legal systems.
The clearest illustration of this is the "Smart Court system." Chinese courts use AI in addition to the Smart Court system to help with legal research.9 AI in the Legal Field: As we can see that many of the legal courts in the world have started working with Artificial Intelligence and have been relying on the inferences drawn from the technology in the cases of the contemporary world. AI is to be considered as a tool that is helping to make the legal system much more systematic and convenient in its day to day working.
As we can see that there is a lot of pendency of cases in Indian Courts which has led to delay in delivery of justice and this can be curbed by introducing AI in the solving of contemporary cases in the courts. The UNESCO has launched a new course by the name „AI and the Rule of Law‟ to make the lawyers, policymakers, students, and academicians acknowledge about AI and its adoption practices in the legal industry.10
AI has a huge impact on the practicing of law. Although it seems more likely that AI will support lawyers in the near future rather than completely replace them, it is already being used to review contracts, find relevant documents during the discovery phase, and conduct legal research. In more recent times, AI has begun to be used in contract drafting, legal outcome prediction, and even sentencing and bail recommendations by judges.
The potential for AI to enhance the justice system is enormous. It can increase output and aid solicitors in avoiding costly errors. In some cases, it can also make the judicial system operate more swiftly by quickening the pace of inquiry and decision-making. However, AI is not yet ready to replace human judgments in the legal sector.
There are concerns connected with using the technology in some legal contexts, including the bias built into the data that powers AI and the difficulty to fully understand the justification behind verdicts made by AI in a manner that is understandable by humans (i.e., explainability).11
CONCLUSION:
We frequently make the claim that, even though we did, it is sometimes difficult to remember because we are not computers and cannot keep every detail. There are many cases that remain pending in the legal system, and artificial intelligence will be important for a quick trial. The judges will definitely not be fully dependent on AI technologies; they will only use the AI's assistance and either refers to the judgment or check to see if it conflicts with any earlier rulings
REFERANCE:
1 Vyomesh purohit, Revolutionizing the Legal Industry: The Impact of Artificial Intelligence and Machine Learning,on May 9, 2023, 2,15 PM, https://www.linkedin.com/pulse/revolutionizing-legal-industry-impactartificial-machine-purohit/.
2 Bhishm Khanna,May 2021 by Centre for Public Policy Research, Kochi,3.29PM, https://www.cppr.in/wpcontent/uploads/2021/05/PREDICTIVE-JUSTICE-USING-AI-FOR-JUSTICE-2.pdf.
3 B.J. Copeland, artificial intelligence,May 19, 2023,https://www.britannica.com/technology/artificial-intelligence.
4 State (N.C.T of Delhi) v. Navjot Sandhu @ Afsan Guru, 2005 11 SCC 600.
5 Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1.
6 The Hindu,AI should not be viewed as threat, but as opportunity to enhance quality of legal practice: SC judge Hima Kohli,February 12, 2023 02:37 pm | Updated 02:51 pm IST - New Delhi,https://www.thehindu.com/news/national/ai-should-not-be-viewed-as-threat-but-as-opportunity-to-enhancequality-of-legal-practice-sc-judge-hima-kohli/article66500033.ece.
7 R.Sai Sampada,AI and the Law: A New Era in the Justice System, SCO, 25th may 2023, 4.18 PM, https://www.scobserver.in/journal/ai-and-the-law-a-new-era-in-the-justice-system/.
8 By Shanthi S,Behind SUPACE: The AI Portal Of The Supreme Court of India,May 29, 2021,https://analyticsindiamag.com/behind-supace-the-ai-portal-of-the-supreme-court-of-india/.
9 Changqing Shi Email Changqing Shi Tania Sourdin Bin Li,The Smart Court – A New Pathway to Justice in China?,https://iacajournal.org/articles/10.36745/ijca.367.
10 R. Sai Spandana,AI and the Law: A New Era in the Justice System,25th Feb 2023,https://www.scobserver.in/journal/ai-and-the-law-a-new-era-in-the-justice-system/.
11 Matthew Stepka February 21, 2022,Law Bots: How AI Is Reshaping the Legal Profession,https://businesslawtoday.org/2022/02/how-ai-is-reshaping-legal-profession/.
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