“With digital courts soon to become a reality we might achieve our paperless dreams”
We have a justice system that is resentment to the world. We have an independent judiciary with an incredible system that is admired as an international leader. Our lawyers have shown par excellence and they have a well-deserved reputation across the globe. Across the world, the fairness of our criminal trial, the history associated with iconic courts such as Old Bailey are celebrated, our Common Law system which is leading the world for the past 1000 years and influenced many jurisdictions are something which we have the right to be proud of.
History and tradition are eternal. But we should not be restricted to it and should not just celebrate it. Today our commercial courts and contracts, international litigators are witnessed as pre-eminent. But still, there are some real challenges to be noticed. As the world is progressing day by day, our judicial system should also continue to grow and lead the world. That means the judiciary and everything or every people related to it should try to seize every opportunity that comes in front of them. For that, the system needs radical changes, to have modern technologies and IT systems and should be used in the judiciary system.
Now is a time to have old actions in a new way, i.e., in a new technological way. The goal is to combine our respected traditions with the enabling power of technology. To modernize and upgrade our judiciary system into a virtual judiciary system so that it works even better for everyone either judges, legal professionals or witnesses, litigants, and the vulnerable victims of crime. As the new generation is coming into this system, the
new generation of technology should be established for smooth functioning and to have the finest, update the more efficient judicial system in the country.
Will and means both are there to achieve this. The government has been investing a lot to modernize courts and tribunals and to have a virtual judiciary system. The work has been started, digital cases files are taking over the place of paperwork in the criminal courts. The digital system is useful in many ways than paperwork as it is easier to have a record for that and does not require a large space, also it could save ample papers. The digital and virtual system is helpful in certain crises as taking an example of contemporary India since the COVID-19 pandemic has shaken the entire globe so in lockdown it is much easier for the judicial system to work and hear cases virtually. Judiciary has set an example of how to combine social distancing and work with the help of virtual technology. Over more than 1000 cases have been heard through online mode. The government and the judiciary have to try to achieve this incredible system completely and to make this a
reality. A system that will continue to lead and inspire the world. In this paper, we propose a vision for a next-generation justice platform that harnesses technology to make access to justice more equitable, efficient, and affordable for citizens.
2. Evolution of the Judicial System in India
India has the oldest judiciary in the world. The British rule in India is responsible for the development of the Common Law based legal system in India. In the early 17th century, the Crown, through a series of Charters, established a judicial system in the Indian towns of Bombay, Madras, and Calcutta, basically to administer justice within the establishments of the British East India Company. The Governor and the Council of these towns formulated these judicial systems independently. The Courts in Bombay and Madras were called Admiralty Courts, whereas the court in Calcutta was called Collector’s Court. These courts had the authority to decide both civil and criminal matters.
1. Jawed Hassan, ‘Towards an E-Legal System—www.jang.com.pk—October 06, 2002
2. In his Article “Freedom of Expression with particular reference to Freedom of the Media”, (1982) 2 SCO (Jour) 1
The Company was granted Charter by King George I in 1726 to establish “Mayor’s Courts” in Madras, Bombay, and Calcutta (now Chennai, Mumbai, and Kolkata respectively). Mayor’s Courts were not courts of the Company, but courts of the King of England. Mayor’s courts superseded all existing courts established in the above places. The Mayor’s Courts were authorized ‘to try, hear, and determine all civil suits, actions, and pleas’ that may arise within the three towns or the factories of the Company. The Regulating Act of 1773 was the first attempt at creating a separate and somewhat independent judicial organ in India, The Chief Justice and other puisne (junior) judges were appointed by the King. The first Charter says that ‘the Supreme Court should be a court of equity, and have the full power and authority to administer justice, in a summary manner, as nearly as may be, according to the rules and proceedings of High Court of Chancery in Great Britain’. As it has some defects that lead to severe friction and conflicts between the Council and the Supreme Court. Furthermore, the system of checks and balances established by the Act, made the Governor-General powerless before his own Council and the executive powerless before the Supreme Court. In 1833 a distinct Judicial Committee of the Privy Council was appointed with jurisdiction over colonial and other matters. The Privy Council served as the highest court of appeals from India for a period of nearly 200 years and has rendered several landmark decisions, which have influenced the evolution of law in India. After
this, The Government of India Act 1858 authorized the British Crown to take over the administration of all territories from the East India Company. Then came The Government of India Act, 1935 changed the structure of the Indian Government from “unitary” to that of the “federal” type. The distribution of powers between the Centre and the Provinces required the balance to avoid disputes, which would create a Federal Court and have
jurisdiction over the States as well as the Provinces. The Federal Court also had appellate and advisory jurisdiction. Its appellate jurisdiction was extended to civil and criminal cases. The Supreme Court of India was also established (on the same principles and jurisdiction). After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The transition from the Federal Court to the Supreme Court of India (SCI) was seamless. It is often said that The Supreme Court of India exercises jurisdiction far greater than that of any comparable court in the world. The Supreme Court of India has the special responsibility to render justice (social, economic, and political) and to enforce equality, liberty, dignity, and the ideals of democracy, socialism, secularism, and such other values enshrined in the Constitution of India.
2.1. The Old Courts
In our country, the entire court system was very complex. It includes so many levels of appeal, designed to serve as a check and counter-check system, but which merely hindered the procedure that was already too slow and inefficient. The complexity of the judicial system was also caused by the great variety of courts at each level of appeal. The vast number of cases pending in the Supreme Court as well as the other lower courts have
defeated the very purpose of the judicial system. For justice delayed, is in effect justice denied. Judiciary is no longer attracting the best legal talent because of disparity in the income of bright young lawyers and the emoluments of judicial officers. To attract persons of the right calibre to the judicial cadre, the System must improve their service conditions, particularly of the trial court judges. In recent years scandals about lack of integrity has besmirched the reputation of the judiciary. The subordinate judiciary works in appalling
conditions. Any reform undertaken must be in its totality rather than in isolation. Therefore, ultimately it leads to slow trial and under trials outnumber convicts in the prison population of Indian jails. The rise of judicial corruption in India is attributable to factors such as “delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws”.
2.2. The New Courts
After India attained independence, The transition from the Federal Court to the Supreme Court of India (SCI) took place and Three forms of government were formed that are Executive, Legislative, and the Judiciary. It has threefold jurisdiction, Original jurisdiction which extends to any dispute arising between the Government of India and one or more states, between the Government of India and any state or states on one side and one or
more states on the other or between two or more states. Appellate jurisdiction in this it can hear appeals from the State High Courts on civil, criminal and constitutional matters and Advisory jurisdiction in matters, which may specifically be referred to by the President of India under Article 143 of the Constitution. The High Courts in various states are the apex judicial bodies of the States. These courts have jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts, there is a hierarchy of
subordinate courts such as the civil courts, family courts, criminal courts, and various other district courts. In their working system, some changes took place but it doesn’t change the situation of courts so, they came up with new ideas regarding judiciary work, the pendency of cases, and judicial corruption that is the e-courts project and was established in the year 2005. All the courts including Taluk courts will get computerized. As per the project in 2008, all the District courts were initialized under the project. In 2010, all the District courts were computerized. The project also includes producing witnesses through video conferencing. Filing cases, proceedings, and all other details will be on computers. So this is the evolution in the new courts.
2.3.Traditional System v/s e-Courts
Whenever we think about judicial courts, the first thing that hits our mind is thick files, hot arguments, and heated discussions between lawyers. The judge can view the recordings and related documents of a particular case with just one click of a button. Therefore both the judge and the lawyers no need to waste their time in finding a particular part in those documents (video or PDF) and can come directly to the point. In every case, The judge can review the earlier recordings to refresh his memory. Hence helping the judge, to give a quicker and correct judgment the concept of e-courts is evolving nowadays. So a small difference between traditional functioning and e-courts functioning.
3.Need for a new look!
By now it has become almost an assumption that the world is changing at an ever-increasing rate. This The world is fast and changing rapidly, he also ‘VUCA’ is going to point, with volatility in individual letters, uncertainties, referring to the increasing complexity and ambiguity. The judicial organization wants to serve Society is better. This means that it is tried and tested, but also waving goodbye to complex paper processes. Digital proceedings will become the new standard in administrative law and civil procedural law. To simplify procedural law – rules of action – new laws have been formulated. Citizens and lawyers are given digital access to the judicial system. Through a secure web portal, they will have options that will include bringing action, protecting, submitting documents, and following the progress of proceedings. The parties will only go to court for a court hearing.
3.1. What are Digital Courts?
A digital court is a platform, in cases where the hearing will be conducted electronically and includes cases of all kinds, including new registrations or pending lists. Facilities to promote digital courts will include – computer hardware, local area networks, and standard application software. The digitization of the court system is not only necessary to keep pace with the public expectations of justice and government institutions in a modern
developed economy but also serves as the foundation and catalyst for efficiency improvement throughout the system. Court digitization brings the practical benefits of digitizing any system in terms of better data management, access, visibility, and control to all users and stakeholders. These include:
- Creating and remotely accessing information and documents simultaneously and online to different parties
- Creating and analyzing case information and tracking the case as they progress through the system
- Various Facilitate communication and collaboration between parties and stakeholders.
3.2. First Digital Court and NJDG
India’s first e-court High Court of Hyderabad was opened in a normal High Court for Telangana and Andhra Pradesh. It was inaugurated by Justice Madan B. Lokur, Chairman of the e-Committee of the Supreme Court. The Supreme Court of digitization, the former Indian Chief Justice ( CJI ) JS Khehar said,” This program is a resource database. So if you are filing an appeal in the Supreme Court of a case in the High Court, then. All that needs to be done in the number of cases filed by you. And furthermore, you have to file the field. As soon As you file the field, the entire paper book of the High Court gets transferred to the Supreme Court. So The paperwork of the Supreme Court is over. It has been replaced by the grounds of appeal.”
Digital courts are connected to the National Judicial Data Grid (NJDG) which produces case management reports. It promotes the transparency of the judiciary in the country. Through NJDG, real-time tracking of cases and transcription of evidence has become easier. Additionally, it also generates management in local court cases.
3.3. Access to Justice and Online Legal Services
Examining the characteristics of the e-court system, the study shows that the robotic judge has not yet exploited its full potential for two reasons. On the one hand, the Dutch public court system makes only limited use of the reasoning method of any intelligent system in legal decision making. On the other hand, the types of this machine learning system can include neither the weight of arguments nor evaluation functions, such as e-court capability. The latter is done at an earlier stage than human intervention which means a cautious policy to implement new techniques in the court system. Also, it should apply in a public court after a judgment is delivered by a digital judge. This means that digitally signed judgments are sent to the public’s court system, where court clerks will manually insert the data into the system and manually recalculate the amounts provided. The study also shows that not a single case has come up where the clerks were able to improve the
decision of the digital judge. However, human errors have occurred during the process of filing data into the public court system.
3.4. Online Dispute Resolution
The phenomenon, known as online dispute resolution, relates to the bus, to resolve disputes over the Internet. It is happening in various forms and forums in different countries. Today’s ODR mechanisms are called early harbors of the future global dispute resolution landscape in the digital age. This type of arbitration comes under electronic arbitration. If mediation is conducted online, then the parties will discuss via email the choice of law, must be signed digitally by them in an online mediation agreement, and the server must determine the geographic location through which Arbitration is to be and is to be done to determine the place of signing of the award by the arbitrator. When we refer to the Word, communication that is what we mean by electronic means from being transmitted, especially via the Internet. This would include the use of telephone or mobile, fax, or e-mail facilities or any other modes available on the Internet or any other information and communication technology that may be beneficial to resolve disputes.
Advantages of ODR
One of the most important benefits of ODR is that it reduces the need for travel and significantly reduces costs. There is also a growing consensus that ODRs can make dispute resolution more efficient, allowing better time and cost management, more flexibility in the process, and more creative resolution. Parties make more flexible process, you can also choose to set the stages and deadlines because they are convenient.
Disadvantages of ODR
As the ODR takes place in front of a computer screen remotely, it reduces the essence of personal interaction or communication between the parties is encountered causing a lack of trust. The system is also damaging in the sense that parties may lose information due to hackers’ attacks, lack of security, and viruses or other technical issues.
Limitations of ODR
- The enactment of separate legislative frameworks should be considered as the primary step around the world.
- The steps to be taken for security measures in the ODR and not to rely solely on IT principles as they are designed by each country for domestic purposes.
- The online mediation process should be differentiated.
- Public awareness of the ODR mechanism as an effective tool for settlement of a dispute.
- For the proper and effective mechanisms of ODR, a proper infrastructure should be introduced with the backing of background from traditional arbitration principles.
- The success of ODRs in India requires specialized institutions that can provide training, education, research, and policies.
4. POSITIVE EFFECTS OF TECHNOLOGY IN JUDICIARY
There is no secret that many judicial systems across the globe are struggling beneath a heavy burden of thousand of suits filed every year in court. In India, the rapid accumulation & slow disposal of pending cases has increased the burden on the judicial system tremendously. Courts had to maintain all the records physically i.e. either in files or registers and to keep such a large data in a paper form is not easy to retrieve and also not even safe and is prone to physical tempering and environmental degradation. Some estimates suggest that about 30 million cases remain pending in various courts across the country. Most cases drag on for several years, without concluding. Also, it is beyond the shadow of the doubt that technology will profoundly transform the future courtroom and litigation practices. Moreover, it is the only way in the state’s arsenal to deal with this ghastly situation. With the advent of automated legal instruments, we are seeing new practices that reduce or eliminate tedious legal actions. Going digital seems to be the only way to fix logjams. Modern Technologies will improve the administration of justice in many ways, though there are certain areas upon which the judiciary has to work. In this section, we will be providing a glimpse of various ways in which technology can help us in enhancing our Justice delivery system. Technology is not only assisting the state in speedy disposal of cases but is also helping the common man to access justice.
4.1. Paperless Courts
The court proceedings are completely paperless; statements are typed by steno on the computer and are visible to the Judge and the Lawyers on their screens. Once the draft is approved it is then digitally signed by the judge. This file is then uploaded and gets appended into the case file.
Judicial Transparency simply means the general public’s ability to monitor and examine what happens in the administration of the justice system. Transparency is a fundamental characteristic of modern democracies. It helps the citizens to ensure their trust in public matters. It promotes accountability and helps in eliminating arbitrariness which consequently provides greater judicial independence and enhances public confidence. The
open operation of the justice system increases the flow of information from the judiciary to the society which enables the common masses to know about the proceedings and rulings of the judiciary. Transparency reassures the society that justice is served.
4.3. Ease of Access
With the advent of technology, files can be remotely accessed also it alleviate prohibitive travel and associated costs for litigants opening up new possibilities for continuing for rural legal practitioners and cutting cost for those in rural areas.
4.4. e-witness Examination
It permits the virtual interfacing of a Judge with witnesses, holding of conferences, meetings, production of under-trial prisoners, etc. The video conferencing facility would be installed in the prison. Similar facilities would also be made available within the court premise or in the Judge’s office. This would save a lot of time and resources, which would have been involved in the physical transportation of the prisoner from the jail to the court.
4.5. Data Sharing from Remote Location
The police, hospital staff can remotely upload the documents or view the documents.
5. Steps Taken to Implement the Policy of Computerization in Courts
The problems faced by courts, judiciary, and public seeking justice in terms of backlogs, delays, and expenses are well known. While there are many dimensions to these problems, improvements in operational efficiency, coordination, accessibility, and speed which IT could bring about can contribute significantly towards improvement and alleviation of difficulties.
However, the present pace of development, particularly at the subordinate court level is too slow and is unlikely to have the desired impact shortly. Massive problems need appropriately large commitments and major initiatives if a significant dent is to be made.
E-justice is considered and rendered as an organ of e-governance. The Indian judiciary of composed of 15,000 courts in 2500 court complexes. Efforts for computerization have been going on since 1990. Under the National e-Governance Plan, the computerization of courts has been made a Mission Mode Project (MMP) and it has been proposed to implement information and communication technology in three phases over a period of five years. The scope of this project is to develop, deliver, install, and implement automated decision making and decision support systems in the courts. The main objectives of the MMP are as follows:
1. To help the judicial administration of courts in streamlining their day to day activities.
2. To assist judicial administration in reducing the pendency of cases.
3. To provide transparency of information to litigants.
4. To provide access to legal and judicial databases to the judges. The system application is broadly categorized into four major privileges areas inter-linked with courtroom operations. They are Judge, Administrator, Courtroom staff (Steno, Almad, Reader, etc) and other users (like a public prosecutor, lawyers). Application features are made available as per their functions and defined roles and responsibilities. Some of the major tasks of the entire workflow are explained below.
5.1. Digitization of Case files:
A scanning room has been created inside the courtroom where case files are brought first. The case files are then scanned & digitized and uploaded in encrypted form on a centralized storage server so that authorized personnel can access the case files through the software interface. In the earlier system, bringing the case files from the storeroom (Maal khana) takes lots of effort which can be saved now. There are thousands of courts, over a million advocates, lakhs of ongoing cases and lakhs of pending cases, an ever-growing population, but above all, there is a lack of information made available to the concerned parties which should be addressed. Therefore this authorized user can access the case.
5.2. Paperless Deposition:
The proceedings of the court are completely paperless. The deposition is typed by steno on the computer and The draft deposition is visible to the Judge and the lawyers on their screen. Once the draft is approved, The deposition is then digitally signed by the Judge. This file is then uploaded & gets appended into the case file. Reforming India’s judicial system and reducing case pendency is a long-term agenda. Vacancies are pervasive at all levels. Filling them would require significant increases in public expenditure, currently 0.08 percent of GDP. This will not be easy or immediate. In the meantime, India can move towards large-scale adoption of technology by expanding the use of paperless courts which has the potential to speed up the resolution of cases, bringing relief to millions of people for whom justice delayed is more often than not justice denied.
5.3. Recording of court proceedings
Video recording of court proceedings would undoubtedly benefit in increasing the transparency in the judicial system. It would also support strengthening the pillars of faith and confidence among the citizens in the country combating for their rights. The court proceedings can be recorded with multiple high-quality PTZ cameras through an interface provided to the Judge. The recordings are also kept in encrypted form on the server. The user can access these recordings from the software interface which makes the user (Judge) flashback easily that what happened last time in this case and easily tracked the progress of the case.
5.4. Video conferencing
Using video conferencing any person can give his/her deposition from a remote place. He/she just needs a video conferencing setup either hardware or software-based with an intern.KMB vcet connection. Initially, three hospitals, FSL, two police stations, and jail are connected to e-Court for video conferencing. Producing accused/witness every time in court consumes an enormous amount of resources (transportation cost, security time and manpower, etc) of the government, Using Video conferencing, they can give their deposition from hospitals and jails itself.
5.5. Evidence capture
An evidence camera instantaneously converts a paper document or physical exhibit to an electronic image, with the ability to enlarge and reduce the image as needed. We provided imaging solutions for shreds of evidence and documents to the court. The images from police, hospital reports, etc. can be uploaded from the camera or any other imaging source. There is one visualizer to view & capture evidence and index with the in-court case
5.6. Provision for DVD writing
If any person (lawyer or concerned person) wants digital documents or videos of the case, there is a provision of providing required data on a CD/DVD.
5.7. Court live proceedings:
Live recording of the entire scenario of the court-room would also curtail the risk of disputes occurring on the various grounds which may be raised by the parties like, during their absence, some contentions or facts might not have been taken into proper consideration by the judge while hearing the matter and the order was passed or the advocate would have inappropriately represented the case. Therefore the court’s live proceedings can be seen on the courts website by authorized persons. If any person (lawyer or concerned person) wants to see live proceedings, he/she has to fill an online registration form and after reviewing the application by administrator, access can be given to the person for the particular case.
“E-Justice: Does Electronic Court Reporting Improve Court performance?”
6. Artificial Intelligence: Acceptance or Necessity?
AI is one of the hot topics of the century, and though academic legal writers are dealing with it with a certain reserve and distance, “AI is already rife on the planet and its spreading, deep, will continue to diversify and expand”. AI is changing the way it confers the right to a fair trial and raises questions about how certain fundamental legal principles can be adequately applied. At this stage of technological development, we can distinguish between automated machine learning systems, and pure AI (the AI judge’s utopia). Of course, AI is considered one of the most effective tools for future legal processes. Addressing the key question that the novel device of what procedural law to be, which are
applied differently in each state, will ensure fairness in substantial and procedural law. In other words: Is there such an event as artificial justice?
6.1. Introduction of Artificial Intelligence in Courts
Artificial intelligence is a major milestone in the path of full-scale digitization. The choice of subject for this paper was encouraged by our belief that the Hungarian court is producing impressive results in the process of digitization. In Hungary, the National Office of the Courts for the judiciary, whose aim is to achieve full e-governance and facilitating judicial duties and customer point of view of the favourable Is to offer smart digital options. Digital courts can have different manifestations, and they can be set up at different levels. In this
regard, Hungarian courts offer (and, in some cases, e-procedures), which allow customers to electronically communicate their documents and the court to clients. The courts also accept administration complaints through e-forms and have an electronic notification system to remind customers of the delivery of important files and procedural steps, to make court administration even more convenient. Another level of digitization of courts is the e-filing system, which provides judicial access to any case file anywhere online.
The “Via Video ” project offers courts the possibility of remote auditions for swift and cost-effective proceedings and guarantees the safety of minors and victims. A specific speech for the lesson program also helps in the pursuit of the above goals, while the ruling support system collects judicial decisions, lists e-files, and public registers for judges with one click. Digitizing does not only affect the operation of the day-to-day of court, there are many external factors to consider. With the development and availability of big data, some companies offer the services of judge analytics and provide their clients with information based on the cases they have tried. The lawyers can help you make the line of argument so they can file a claim, there is more to be successful in court prospect, and they can take strategic decisions based on the more specific wealth of information. Such ancillary software can help the courts to justify decisions.
6.2. A Legal Scholarly Approach to Artificial Intelligence.
The use of digital devices in courts is becoming widespread throughout the world. The so-called ‘ cyber injustice ‘ has been applied to equipment already many European judicial systems, to include feature includes tools that access to justice, to improve communication between the courts and lawyers, and judges and court administration Provide direct support for the work of Cyber justice, however, must be distinguished from predictive justice, which has recently become more visible at the intersection of AI and machine learning. According to a report made by the European Commission for the efficiency of justice, AI in the judiciary appears to be less popular in Europe than in the US. However, there are many European jurisdictions that are trying out machine learning applications and predictive tools.
6.3. AI and law: Current Policy Issues
The entire existing files in the Karkardooma e-court have been digitized and a touch screen has been installed under the chairmanship of the judge. He can search any file of e-court digitally by searching for the same date-wise, name-wise, or act/section-wise. There is a provision for a document visualizer and any document can be projected on the LCD screen installed in the e-court so that the accused, witness or prosecutor can appear in the same court, as well as when they are connected via video-conferencing has happened. Other stakeholders in the case may have access to the e-file using a secure login and password. The Overall effect of E-Court established cases of fast track, record ease of maintenance will be more transparency in the functioning of the reliability of the evidence filed and District Courts.
6.4. What is AI today?
When we think about the courts, the first things that come into our minds are thick files, heated exchanges between the lawyers and heated discussions. The judge can view the recording of a particular case and related documents at the click of a button. As a result, both judges and lawyers need not waste their time finding a particular part in those documents (video or PDF) and can get straight to the point. As each case is recorded, the judge may review earlier recordings to refresh his memory.
6.5. Types of AI
When we film would communicate with a tool to book tickets or pay the gas bill or listening to GPS directions, etc., then we ” weak” AI or “narrow” to employ. Most recognizable products i.e. Apple’s Siri and Google’s self-drive cars are using “weak ” AI. It seems intelligent, but it still has functions defined. It has no self-awareness. When someone used a credit card the AI algorithm approves transactions, uses GPS in the car, we use the AI algorithm. Using the Google translation service is part of AI and is based on statistical machine learning. The face recognition capability of our cameras are AI. AI can enable a machine to mimic the “cognitive” functions that humans engage with other human brains, such as “learning” and “improving”. AI Tasks such as trading stocks, flying military aircraft, and keeping a car within its lane on the highway.
6.6. Challenges of AI in law
It is difficult to believe in the future of the legal profession without AI software. Companies working in Artificial intelligence technology is also looking at ways to develop technology to provide better, quicker, and accurate skills in the legal profession. A technological advance in the legal profession has changed the framework. Legal research is the most important aspect of practising a lawyer and has evolved to a large extent due to technology. From magazines and journalists, CD-ROMS to online software were provided to the legal technical innovation of legal services, the method has changed. AI software helps the lawyer fin relevant case laws and applicable statutes. With this software, complex legal questions can be answered in simple and basic language. Lawyers and firms are reviewing and reviewing contracts as well as contracts with the help of software. Artificial intelligence techniques are currently being applied in different ways in the legal profession worldwide and are proving beneficial to law firms and lawyers. Can a robot replace a lawyer?? In practice, robots cannot replace the role of a lawyer in court, but AI robots have the power to create and draft documents. Therefore, the clerical role of lawyers may be substantially reduced. Appearing and arguing a case before judges in court can only be the role of a lawyer.
7. Global Status of AI in Judiciary
The use of digital tools in courts is becoming widespread all over the world. The so-called ’cyber justice’ tools have already been implemented in several countries for judicial systems including tools that facilitate access to justice, improve communication between courts and lawyers, and provide direct assistance for the work of judges and court administration. If we see in our country the problem is that our systems of justice are older than democracy itself. While international judiciary is forging ahead, our legal institutions are lagging behind. In many countries, whether they succeed or not, these initiatives highlight an important reality. In order to remain relevant, courts must break from the attitude that the judicial institutions and legal cultures shaped thousands of years ago will continue to work in the future. Courts in the 4IR will involve virtual supply chains, block chain-encoded smart contracts, AI-enabled judges and lawyers, and digital currency-based fines and payments. More than ever, court users need judicial institutions that are effective, cheap and secure, regardless of the city or country in which they operate.
7.1. United States of America
The COMPASS (Correctional Offender Management Profiling for Alternative Sanctions) is a tool widely used in the US. It is risk assessment software developed especially for courts. Its aim is to contribute to rendering data-centric decisions through an evaluation on the information obtained from the offender’s history, and to ultimately reduce recidivism and increase public safety. It supply judges with information on pre-trial bail, sentencing and parole, suggesting who can be released at each stage of the criminal proceedings. In addition, the US Supreme Court is planning to introduce full electronic filing of different
types of motions and applications, with free public access to these materials on the court’s website – though it seems that once bedded in, paper filing will still be required, which will perhaps somewhat frustrate the intentions of modernizers.
The federal court was the first judicial setting to put in place electronic court files and is now seen as a global leader in how to manage digitized court documents. Australia is now moving on to upload all administrative records in its various registries.
The Dubai government’s ambitious blockchain strategy seeks to run 100% of applicable government transactions on blockchain technology by 2020. To this end, the Dubai International Financial Centre (DIFC) Courts and Smart Dubai have begun working together to create the world’s first blockchain enabled Their task force is looking to develop a blockchain-enabled scheme for the verification of monetary court judgments that can be enforced across borders. Subsequently, they hope to tackle disputes arising out of private and public blockchain technology encoded within smart contracts.
China’s 24-hour internet courts weren’t enough, the country has also established two international commercial courts, one in Shenzhen, Guangdong and the second in Xi’an, Shaanxi. A third tribunal is expected to be launched in Beijing to play a coordinating function. These courts are linked up with China’s Smart Courts initiative, which includes the largest court database in the world. To enable cross-border exchange and mutual learning, the country is now influencing other countries for decision-making in international commercial disputes.
China’s ultimate goal is to create courts which will provide efficient and ‘intelligent’ services, by integrating artificial intelligence, conducting big data analysis, using voice recognition in trials, generating electronic files and using other smart case-handling systems. To aid this vision, China’s Supreme Court has recently ruled that Evidence authenticated and presented using blockchain technology is binding in legal disputes.
The first online private courts were set up offering fully digitalized court proceedings, by developing a the application they found a method how a court case in debt collection can be modeled by identifying the key parameters: the claim (claim amount, due date, personal data on the parties, interest with due date), the cost of debt collections (costs of the writ of summons, court fee of both public and private court, costs of representation
in court), and the course of the proceedings (court’s competence, defendant’s right to be duly notified of upcoming court proceedings, observing the court’s arbitration rules).
The country is similarly harnessing technology to construct future-ready courts. Singapore’s ‘Courts of the Future Taskforce’, established in 2016, and conceptualized a total of 15 key IT initiatives and three overarching objectives in its five-year technology blueprint. Adopting the intelligent use of court data is a particular priority in Singapore, which hopes to regain its position in legal tech to be able to compete with China.19 While projects
relating to the development of new capabilities for online dispute resolution and virtual hearings are already being actualized, the Singapore International Commercial Court (SICC) has begun encouraging its international judges to use teleconference and video-conference facilities in early case management conferences. This means that judges can help to dispute parties significantly narrow contested issues without physically being in the same room as them. Other court technologies used in the SICC include electronic filing service platforms (complete with SMS alerts); advanced litigation technology, including evidence and trial management systems with the potential to give evidence through video-conferencing; and digital transcription services, such as audio recordings and the preparation of real-time transcripts.
Which won the UN’s public service award in 2012, now has a national electronic service across all its judicial functions. Lawyers and citizens can examine files, pay application fees, submit their documents and claims and file cases electronically to any court in the land. As case progress, they can access all relevant information and learn the day fixed for the trial without checking with court staff by phone or in person. Turkey’s transformation of the data aspect of its judicial system has resulted in a service that is faster, more transparent
and more cost-efficient, said judge Servet Gul, head of information technologies at the ministry of justice, speaking at a UN meeting. Advanced video conferencing facilities also mean there is less need to transfer prisoners to court and has created a virtually paperless working environment, so is greener, too.
The Supreme court of India announced the launch of a neural machine translation (NMT) tool called SUVAS (Supreme Court Vidhik Anuvaad Software) that can translate orders and judgments in English to nine vernacular languages and the use of AI to improve the overall efficiency of the Indian judiciary and to lessen its perennial backlog of cases. The computerization and interconnectivity of courts under the e-courts mission mode project has led to a robust framework to facilitate open access to large bundles of information captured by Indian courts.
8. Ethical Concerns Related To Artificial Intelligence
Machines may know what it is, but not know what ought to be- AI systems are only mimicking human decision making, they cannot understand the social-ethical dimensions in rendering a decision. And because of this, the question arises:- Who would be responsible when a decision is supported or made by an automated system?
Would it be the judge, lawmaker, or system developer? Who would be responsible for the consequence of intelligent machine (dis)functioning?
As presented above, the judicial system has steps to introduce automated decision-making structures, e.g. as a tool for risk assessment. We also dealt with the issue of the right to a fair hearing concerning AI. Based on our research, we can expect AI to exist in more and more areas in the judicial system. Despite all the positives and benefits that AI has best on mankind, it is important to keep in mind the results that accompanied this technology. There is no doubt, AI is revolutionizing our lives, but at the same time, we need to pay attention to its ethical concerns. The amalgamation of law and morality leads to justice in the true sense. In a democracy Like ours, decision-making ethics is an important subject. Should integrating AI into law compromise our ethics?
To achieve Trustworthy ‘AI and to address the challenges enforced by automated decision-making (especially the risk of human rights violations), it is crucial to offer a structured framework in which we interpret and discuss AI. The two major components of this framework are moral law and human rights law. The ethical sub-framework focuses on transparency and accountability while guaranteeing the fairness of the process, while the
Human Rights Law Framework provides a comprehensive and profitable reasoning method to deal with the pitfalls induced by AI systems. Some authors argue that international human rights law can define harm, it imposes specific obligations on States and it can be mapped onto the overall algorithmic life cycle from conception through implementation to evaluation.
For this paper, within the ethical framework, some major factors have been identified which are taken into account before establishing an AI system and also as a follow-up evaluation formula. These are the core principles of any decision-making process, but any AI decision-making technique can easily violate them. In the following, we will explore the optimization of the above principles for AI programs, and also try to offer some solutions.
8.1. Principle of transparency, impartiality and fairness
It is the most important and widely discussed among theoreticians and practitioners. Artificial intelligence is seen as a black box. This approach is particularly relevant for machine learning methods. Any lack of transparency is called a ‘black-box’ problem. A black box is a system whose inputs and outputs are known, but the system by which one is transformed to the other is unknown. We can differentiate between a legal and a technical black box. Due to the proprietary nature of intelligent systems, they are legally protected by trade secret methods. The existing use of AI has controversial effects that warn us to be precautious and due to this, there is a need for the judiciary to establish joint teams with experts from a broad variety of fields like IT, Law, Sociology, Engineering, to identify all the potential problems arising in every aspect of the application also it could be done that only public agencies should be in charge of this legal software designed to enable judicial systems to rely on AI in the decision making process. So that the parties involved should have the right to be fully informed of the effects of the software and therefore be able to opt-out of automated decision-making. Similar efforts are emerging worldwide. In Pennsylvania algorithms developed by public agencies are available for the public to analyze. Since black-boxes are developed by private companies, their key systems are usually kept confidential. We call this phenomenon a legal black box. Education is key in this aspect, as all involved parties and operators should be able to understand the technical background to trust automated systems as because even if an AI software is used only as a support tool, how does a judge/lawyer measure the validity of the software’s mechanism if she/he has no understanding of the decision-making process? Increased efforts towards promoting greater transparency and accountability are now needed in the area of the use of AI systems in the judiciary to anticipate future difficulties and draw attention to human rights concerns. Any attempts to change the machine learning algorithms are as important as critical analysis of the results of their use, raise public awareness in this respect, and, as a result, starting a relevant public debate.
8.2. Fairness and Non-Discrimination in developing AI governance
Non-Discrimination is a principle that is deeply rooted in our judicial system it states the development or intensification of any discrimination between individuals or groups of individuals in the AI system which should be specifically prevented. The idea behind the AI-driven risk assessment tool is that if computers can accurately predict which defendants are likely to commit a new crime, then the criminal justice system can be fair and more imprisoned about who is incarcerated and until when. In the world of Big Data, the use of algorithms to improving decision-making processes seems obvious. However, previous experiences related to the practical use of These systems proved that this approach can have discriminatory and deterministic results. Using neutral statistical data, the American system COMPASS has created a higher risk factor for the entire African-American population. Although such systems are not designed to discriminate against anyone, an approach based only on statistics and machine learning has negated the idea of legal personalization. With these problems in mind, we suggest that before adopting a risk-assessment tool in the judicial decision process, courts should demand that any tool being implemented undergoes a thorough and independent peer-review process. We must also understand the limits of the AI system: it is difficult to construct a score that does not include items that are correlated with race, poverty, unemployment, and social marginalization. They are primarily used to determine which defendants are eligible for probation or treatment programs. Researchers will also be required to pass on the codes of these instruments to evaluate their techniques in the context of internal racial bias.
9. Future Principles and Challenges
9.1. Global League
The term was coined before when people were trying to understand what machines can actually think. In the 1940s, McCulloch and Walter Pitts first attempted to understand intelligence in mathematical terms. John McCarthy used the term “Artificial Intelligence” at the Dartmouth Conference at the Massachusetts Institute of Technology. He defined AI as the science and engineering of making intelligent machines, especially intelligent computer programs. According to him “Every concrete definition of intelligence relates it to human
intelligence ….” Alan Turing proposed a test in 1950 to prove a machine to be “intelligent”. He proposed that a machine would have to pass the Turing test to prove the computer was intelligent. Through two terminals Turing Test to ask questions through a computer terminal ‘ judge ‘ covers a person as would be a person that would be one computer. If the judge (human) regularly failed to separate the computer from the human, the computer was asked to pass the test. Marvin Minsky defined AI, (in 1968), as the science of building machines to do the things that would require intelligence when men did them. In 1993, Luger and Stifled by the modern definition as a branch of computer science AI intelligent behavior of the automation of related to. AI was defined by Stuart Russell and Peter Norvig as the design and construction of intelligent agents that receive ideas from the environment and take actions that affect the environment. This definition of AI brings together various subfields of computer vision, speech processing, natural language comprehension, logic, knowledge representation, learning, and robotics, with the intention of achieving an outcome by machine. David Poole and Alan Macworth defined AI as the field that studies the synthesis and analysis of computational agents that function intelligently. Marcus Hutter (ANU) and Shane Legg (Google DeepMind) proposed a “human-
independent” definition of AI as intelligence measures an agent’s ability to achieve goals across a wide range of environments. Oxford Dictionary of Artificial Intelligence defined as a computer system is able to perform those tasks, which normally requires human intelligence. In common terms, artificial intelligence is a technique that behaves and acts like a human or other animals. In popular terms, AI is a set of science and computational
techniques inspired by the ways that people use their nervous systems to understand, learn, reason, and take action.
9.2. Virtual reality
Our research has indicated that due to the technological revolution in the IT sector, the use of intelligent systems in the judiciary is a requirement. We, therefore, propose the following set of recommendations:
1. An interdisciplinary framework along both legal and ethical dimensions should be established not only to deal with all potential ethical concerns raised by the introduction of automated systems to the judiciary but also to improve our understanding of the operation of these processes.
2. International discussions at the EU and internationally should be encouraged to identify and adopt ‘ best practices ‘ regarding the potential use of AI in the judicial system.
3. Such discussions should be supported by setting up joint teams with several experts to holistically assess the fundamental aspects of the implementation of AI systems.
4. AI devices used to guarantee independence, reliability, and non-discrimination must be tested before implementing them in the judiciary.
5. AI software developers should be obliged to reveal weight codes to interested parties or AI applications in The judiciary should be developed exclusively by public agencies. In the latter case, the methods implemented should be excluded from the legal protection of trade secret law.
6. The parties should be fully informed about the main features and effects of using AI tools at the beginning of their proceedings. Once this phase is completed, the parties should be able to exit the boundless application of AI tools.
7. Judges and other legal professionals should be trained to use AI applications with an understanding of their limitations. This can build public confidence in the ‘ new era ‘ of the judiciary.
8. The non-discretionary cases, these operations faster, more accurate, and efficient AI can be used independently of the tool. Human supervision should be reserved only in discretionary cases. The a fundamental right of appeal to a human judge should be given in both cases. In addition to the basic coordination of fundamental rights, novel procedural tools are needed that allow human control over both strong and weak forms of AI.
As we progress into the 21st century, the Indian judiciary will rely heavily on technology to perform its functions and meets its goal of delivering justice. In the coming years, there will be an expectation from the public that the judiciary adopts new systems, technologies, and services that will provide additional functionalities and benefits that the public is accustomed to in other walks of life. While there is no doubt that technology will greatly influence future courtroom and litigation practices, the extent to which this change will
occurs is dependent on the design and implementation of these new features.
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