Hashim Abro, Shagufta Ashraf
A Judge from Israel slammed police for using AI to write legal argument, citing non-existent laws- police investigators used AI to write bogus legal justification- used artificial intelligence to prepare arguments for a criminal case, utilizing a large language model AI like Chat GPT and citing legislation that does not exist in Israel’s legal code.
The Artificial Intelligence (AI)is making a splash in diverse disciplines, and the justice sector is no exception. While AI can streamline processes and enhance productivity, it can also pose a plethora of complex legal, ethical, and practical dilemmas. Recent cases heard in Israeli courts highlight the challenges surrounding the integration of AI in the legal sphere, which could significantly influence the pursuit of justice. Views vary about the use and misuse of AI in justice sector but in this article we try to understand the difference between artificial intelligence and human intelligence, problems, challenges, issues and the way forward.
The difference between artificial intelligence and human intelligence is that artificial intelligence decides and reacts relying on the rules and algorithms-already integrated into it; while the human intellect has the ability to observe and understand issues at the moment and can decide based on their observations and perceptions and make appropriate decisions. The objective of artificial intelligence professional is to bring the behaviors and reactions of the AI system as close as possible to the behaviors and reactions that are usually expected from normal humans depending on the circumstances. This technology can perform any task assigned to it and constantly learns like a human being; consequently, the capabilities of these systems and smart machines seem almost endless.
The potential of generative AI such as Open AI’s ChatGPT, can create complex content. It resembles human creativity. It is setting the world abuzz and has triggered a global AI rush. Artificial Intelligence (AI) is becoming an integral part of our daily lives, including the judicial sector. Many judiciaries have started to implement these AI technologies and algorithms into their judicial systems. Having over two million cases in the Pakistani courts, the adoption and integration of AI systems is slow because there is no developed legal framework of AI regulation, data protection, concerns about privacy, judicial automation, and the fear of job displacement and the misunderstanding of AI’s capabilities.
I personally believe that AI in justice sector can not only be an efficient tool but also a double-edged sword. It can modernize justice systems and improve efficiency, but only if its use remains transparent, verifiable, and firmly under human control. It is feared that AI systems could be used to manipulate evidence, fabricate legal arguments, or even interfere with judicial proceedings. Judicial independence, fairness, and public trust must never be compromised.
Since the integration of AI into the judicial system promises to enhance accessibility, streamline processes, and promote a more inclusive and responsive judiciary, by leveraging AI we reach marginalized communities and foster intergenerational learning, our judiciary can evolve to meet the demands of the modern era. Investment in the AI is crucial for the future of this country, hence, our federal and provincial governments like the government of Singapore, South, Korea, and Saudi Arabia should allocate necessary funding to support research that is so vital to this country’s future. We must address these challenges on a war footing basis. Develop a robust Legal Frame work, ensure data quality and accessibility, and promote transparency and Explainability, Address the digital divide and foster collaboration among all players of justice sector. Embracing these changes with openness and collaboration will ensure that the judicial system in Pakistan can serve all individuals more effectively and equitably. As we continue to explore the intersection of technology and justice, our goal should be to use these tools in ways that serve and uplift our communities, maintaining the core values and principles of our judicial systems. Issues like FIR registration, lack of infrastructure at the Bar rooms and lack of orientation for members of bars, malfunctioning of LAN both at courts and bar in different part of the country should not go unnoticed and unaddressed.
Although AI is not a substitute for human intelligence; it is a tool to amplify human creativity and ingenuity, we must seize the moment and harness AI for notable impacts in courtrooms. The involvement of our High Courts and the Supreme Court of Pakistan is crucial in ensuring that AI practices align with legal standards and ethical norms and shaping the future of justice -with a focus on upholding principles of justice, fairness, and the rule of law.
In this backdrop, the way forward lies in ethical guidelines, regulations, human oversight, public awareness and education because AI can revolutionize the justice sector. By carefully considering these issues and developing appropriate safeguards, AI can be a powerful tool for improving access to justice and ensuring a more efficient and equitable legal system.
—Hashim Abro is a regular columnist while Shagufta Ashraf is an educationalist , based in Islamabad.
