Can human error be removed from the legal system?
LOS ANGELES, CA, UNITED STATES, November 18, 2019 /EINPresswire.com/ — Can human error be removed from the legal system? Law firms are increasingly using computer algorithms to perform background research and other tasks traditionally performed by human staff. As computer researchers get closer to creating true Artificial Intelligence, it's predicted that AI will eliminate most paralegal and legal research positions within the next decade.
Yet could AI one day replace lawyers, judges, and juries? Could there eventually be a fully computerized legal system? Super lawyer Tom Girardi would even take that a step further. “It may even be considered legal malpractice not to use AI one day,” Girardi told Forbes. “It would be analogous to a lawyer in the late twentieth century still doing everything by hand when this person could use a computer.”
Writer Rossalyn Warren points out that people are, by their nature, flawed. Flesh-and-blood jurors and judges will always bring their own prejudices into the courtroom. But a robot juror, she says, "could be crammed with a far broader range of facts and figures about the nature of crime, cases on record and the law, making it much more worthwhile than a juror who has little awareness on such matters.” She goes on: “Expecting randomly selected members of the public to decide the fate of a person in a jury system is outdated because the notion of a fair and impartial jury doesn’t exist.”
Even cross examinations could be outsourced to an automated system. A thought-provoking experiment shows that people are more likely to be completely honest with an unemotional machine than a potentially judgmental human. When researchers led by Jonathan Gratch at the Institute for Creative Technologies created an artificially intelligent robot psychologist named Ellie, they tested it on two groups of people.
Half were told Ellie was just a machine that was able to ask probing questions and understand their respondents’ emotions with 3D cameras. Those people were shown to give more honest responses to "her" while the experimental subjects that were told that Ellie was being operated by a human ‘puppeteer’ gave less direct answers. Apart from the possibility of getting a fairer result, raw economics come into play too. “If a lawyer can use AI to win a case and do it for less than someone without AI,” says one of the nation’s top trial lawyers, Tom Girardi, “who do you think the client will choose to work with next time?”
But a solid-state legal system with no humans involved isn’t necessarily more error-proof than our existing system. Former Prime Minister Theresa May, in an address last year to the Davos Forum, pointed out that we need to develop a set of laws governing Artificial Intelligence so we can “make the most of AI in a responsible way, such as by ensuring that algorithms don’t perpetuate the human biases of their developers.” After all, as Ms. Warren points out: “AI, computers and legal robots are made by humans. “Technology, like humans, can make mistakes and hold the same discriminatory factors.”
Thomas V. Girardi
Thomas V. “Tom” Girardi, a partner of the law firm Girardi | Keese in Los Angeles, is widely regarded by his peers as one of the nation's top trial lawyers and with nearly fifty years of experience representing victims, Girardi has obtained numerous multi-million dollar verdicts and settlements, handling claims involving wrongful death, commercial litigation, products liability, bad faith insurance, and toxic torts. In 2003, he received the most prestigious honor of being inducted into the Trial Lawyer Hall of Fame by the California State Bar. Mr. Girardi is a Member of the Board of Directors and former President of the prestigious International Academy of Trial Lawyers, an invitation-only worldwide organization, limited to 500 trial lawyers. Mr. Girardi is also the first trial lawyer to be appointed to the California Judicial Council, the policymaking body of the state courts.
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Source: EIN Presswire