Abstract
“I am concerned that AI can be used to alter or even manufacture evidence. I am not sure how we will deal with this or even, in some cases, recognize a problem”
“I predict that human judges will be around for a while,” Mr. Roberts wrote. “But with equal confidence I predict that judicial work — particularly at the trial level will be significantly affected by AI.”
Technological advances are commonplace and there is nothing inherently improper about using a reliable artificial intelligence tool for assistance. But existing rules impose a gatekeeping role on attorneys to ensure the accuracy of their filings.”~. Justice P. Cavin Castle
Introduction:
Whenever the word AI comes to our mind, words like computer, technologies that tend to work like humans, and intelligentsia working parallel to the human brain, and task bombing. The Artificial Intelligence, a computer technology or an application that typically performs those tasks that generally require human intelligence, such as solving sums, remembering data moreover decision making or many functions to mimic human cognitive functions.
How easy it is to get whatever you want just by giving a prompt to the bot, and you’re good to go. But the real problem arises when these artificial intelligentsia are not able to feel like human, don’t know anything about morality, ethics, the point to make unbiased moral decisions. But how things are concerned with laws. Are laws also like science, that is, static, which is once proved and cannot be changed so frequently? Is law as same as mathematical calculation that is definite to give only a single absolute answer.
No, not really, things are not the same in law; law is a living body that keeps on changing, evolving, enlarging its ambit, widening its connotations, and requires ethics, morals, justice, equity, good conscience, just, fair and reasonable, prudent way of thinking to come to a conclusive decision. All the things mentioned in the preceding asserted statement require a real human brain, not an artificial one, to think like humans.
Giving judgments cannot be based on a single formula, so the judges only need to apply it, and they will get a conclusive judgment. Every case is different in its own way, facts being different, modus operandi being different, the requirements as per the time are different, the judges cannot pass the judgment that they passed in their last case. But like every other creation of anything, everything comes with both pros and cons, and here in this short blog, I am going to discuss AI in the legal profession, its benefits and its harms.
Starting with the positive side of the object, the affirmative approach to look at the facts, The Ai did has made a lot of things simple in the judicial profession. By saying that Artificial Intelligence has made the working of the judicial processes more efficient, more accessible to everyone who has a technological gadget in his or her hand, the time it used to take has been reduced and that as well a very significant difference one can see. The very good creation one can see being a part of the legal field is the e-court thing. Now, what is an e-court?
E-Courts
An e-Court (electronic court) is a digital platform that allows various judicial processes to be conducted electronically, without the need for physical presence in a courtroom. It is part of the broader effort to modernize the judiciary and improve access to justice through the use of technology.
Key Features of an e-Court:
- Online Case Filing (e-Filing)
Parties can file cases, applications, or petitions online. - Virtual Hearings
Hearings can be conducted via video conferencing. - Digital Document Management:
Case-related documents are stored and managed electronically. Judges, lawyers, and litigants can access them securely. - Online Case Status and Orders:
Parties can track case status, view court orders, and judgments online. - E-Payments:
Court fees, fines, and penalties can be paid electronically. - Automated Scheduling and Notifications:
Parties are informed about hearings and updates through SMS/email alerts.
Benefits of e-Courts
- Faster resolution of cases
- Reduced backlog and administrative workload
- Greater transparency and accountability
- Convenience for litigants, especially in remote areas
- Cost savings on travel and documentation
E-Courts in India (Example)
India’s e-Courts Project is a national initiative by the judiciary to provide court services online. It is implemented by the Supreme Court of India and the Department of Justice, covering both District and High Courts.
The Role of AI in Crime Detection and Investigation
AI (Artificial Intelligence) plays a transformative role in crime detection and investigation.
-
Crime Prediction and Prevention
- Predictive Policing: AI analyses historical crime data to identify hotspots, patterns, and timings (e.g., PredPol software).
- Real-Time Surveillance: AI-powered CCTV systems use facial recognition, behaviour analysis, and anomaly detection to monitor public areas and alert law enforcement.
-
Criminal Identification
- Facial Recognition: Scans databases to match faces from crime scenes or public footage within seconds.
- Biometric Analysis: Voice, fingerprint, and gait analysis for faster identification.
- Sketch Recognition: Converts forensic sketches into digital images and matches them with criminal databases.
-
Cyber crime Investigation
- Digital Forensics: Machine learning algorithms analyze large volumes of digital evidence.
- Phishing and Fraud Detection: Detects suspicious financial transactions or phishing emails via pattern recognition.
-
Social Media and Communication Monitoring
AI scans social platforms and encrypted messages for:
- Terrorist propaganda
- Human trafficking networks
- Drug trafficking discussions
- Hate speech and threats of violence.
-
Case Management and Legal Aid
- AI Assistants: Organize case files, detect inconsistencies, and summarize reports.
- Legal Prediction Tools: Predict case outcomes or sentencing trends from historical data.
Benefits of AI in Crime Investigation
- Speed: Processes large data sets quickly.
- Accuracy: Reduces human error.
- Resource Optimization: Frees officers for fieldwork while AI handles data.
- Crime Prevention: Enables proactive action.
UNESCO Judges Initiative
Since 2014, UNESCO has led a Judges Initiative aimed at strengthening judicial understanding of freedom of expression, public access to information, and journalist safety. It is implemented through MOOCs developed with regional judicial institutions.
More than 17,000 judicial actors have been trained:
- Latin America: In partnership with the Inter-American Court of Human Rights.
- Africa: Collaborations with University of Pretoria, African Commission, African Court, and ECOWAS.
The training provides:
- Overview of international and regional legal frameworks on freedom of expression.
- Insight into digital challenges such as Internet impact and media freedom.
Building on this, UNESCO is expanding to include training on AI in judicial processes and law enforcement.
Concerns with AI in Law
In the era of the dark web, concerns arise about security, confidentiality, and misuse of data by AI. Questions remain about whether AI can provide transparency, diligence, and fairness in legal proceedings.
While AI can support, it cannot replace the skills of convincing, strategic planning, decision making, and lawyer-client trust.
Judicial Warnings
- US Chief Justice John Roberts: Cautioned against AI “hallucinations” and false citations.
- Australian Chief Justice Andrew Bell: Banned AI-generated affidavits to prevent fabricated evidence.
Judicial Independence
- Problem: Over-reliance on AI may reduce judges to rubber stamps for machine recommendations.
- Concern: Law involves logic, equity, morality, and human judgment—things AI cannot replicate.
AI cannot guarantee accountability or accuracy. Data quality depends on programming and must be reviewed legally by humans.
Conclusion
The essence of justice lies in human judgment, not machines. Judges deliver unbiased, moral, and ethical decisions through conscience, which AI lacks. AI cannot walk into a courtroom, argue like a lawyer, or build client trust.
While AI may assist, it cannot replace human prudence in reaching fair, reasonable, and just decisions. Ultimately, AI remains an aid—not a substitute—for lawyers and judges.
Written By: Tanu Shree – Department Of Law, Ballb, Sarala Birla University, Ranchi, Namkom, Jharkhand
