Justice at Stake as Generative AI Enters the Courtroom
Judges use the technology for research, lawyers utilize it for appeals and parties involved in cases have relied on GenAI to help express themselves in court.
"It's probably used more than people expect," said Daniel Linna, a professor at the Northwestern Pritzker School of Law, about GenAI in the US legal system.
"Judges don't necessarily raise their hand and talk about this to a whole room of judges, but I have people who come to me afterward and say they are experimenting with it'.
In one prominent instance, GenAI enabled murder victim Chris Pelkey to address an Arizona courtroom -- in the form of a video avatar -- at the sentencing of the man convicted of shooting him dead in 2021 during a clash between motorists.
"I believe in forgiveness," said a digital proxy of Pelkey created by his sister, Stacey Wales.
The judge voiced appreciation for the avatar, saying it seemed authentic.
"I knew it would be powerful," Wales told , "that that it would humanize Chris in the eyes of the judge."
The AI testimony, a first of its kind, ended the sentencing hearing at which Wales and other members of the slain man's family spoke about the impact of the loss.
Since the hearing, examples of GenAI being used in US legal cases have multiplied.
"It is a helpful tool and it is time-saving, as long as the accuracy is confirmed," said attorney Stephen Schwartz, who practices in the northeastern state of Maine.
"Overall, it's a positive development in jurisprudence."
Schwartz described using ChatGPT as well as GenAI legal assistants, such as LexisNexis Protege and CoCounsel from Thomson Reuters, for researching case law and other tasks.
"You can't completely rely on it," Schwartz cautioned, recommending that cases proffered by GenAI be read to ensure accuracy.
"We are all aware of a horror story where AI comes up with mixed-up case things."
The technology has been the culprit behind false legal citations, far-fetched case precedents, and flat-out fabrications.
In early May, a federal judge in Los Angeles imposed $31,100 in fines and damages on two law firms for an error-riddled petition drafted with the help of GenAI, blasting it as a "collective debacle."
The tech is also being relied on by some who skip lawyers and represent themselves in court, often causing legal errors.
And as GenAI makes it easier and cheaper to draft legal complaints, courts already overburdened by caseloads could see them climb higher, said Shay Cleary of the National Center for State Courts.
"Courts need to be prepared to handle that," Cleary said.
Transformation
Law professor Linna sees the potential for GenAI to be part of the solution though, giving more people the ability to seek justice in courts made more efficient.
"We have a huge number of people who don't have access to legal services," Linna said.
"These tools can be transformative; of course we need to be thoughtful about how we integrate them."
Federal judges in the US capitol have written decisions noting their use of ChatGPT in laying out their opinions.
"Judges need to be technologically up-to-date and trained in AI," Linna said.
GenAI assistants already have the potential to influence the outcome of cases the same way a human law clerk might, reasoned the professor.
Facts or case law pointed out by GenAI might sway a judge's decision, and could be different than what a legal clerk would have come up with.
But if GenAI lives up to its potential and excels at finding the best information for judges to consider, that could make for well-grounded rulings less likely to be overturned on appeal, according to Linna.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Al Arabiya
5 hours ago
- Al Arabiya
Trump says US will start talks with China on TikTok deal this week
US President Donald Trump said on Friday he will start talking to China on Monday or Tuesday about a possible TikTok deal. He said the United States 'pretty much' has a deal on the sale of the TikTok short-video app. 'I think we're gonna start Monday or Tuesday… talking to China, perhaps President Xi or one of his representatives, but we pretty much have a deal,' Trump told reporters on Air Force One. Last month, Trump extended to September 17 a deadline for China-based ByteDance to divest the US assets of TikTok. A deal had been in the works this spring to spin off TikTok's US operations into a new US-based firm, majority-owned and operated by US investors, but it was put on hold after China indicated it would not approve it following Trump's announcements of steep tariffs on Chinese goods. Trump said the United States will probably have to get a deal approved by China. When asked how confident he was that China would agree to a deal, he said, 'I'm not confident, but I think so. President Xi and I have a great relationship, and I think it's good for them. I think the deal is good for China and it's good for us.'
Al Arabiya
15 hours ago
- Al Arabiya
El Salvador court sentences 3 ex-military officers over killings of Dutch journalists in 1982
Three former El Salvador military officers were given lengthy prison sentences late Thursday over the 1982 killings of four Dutch journalists during the country's civil war. It means former Defense Minister Gen. José Guillermo García, 91, former treasury police director Col. Francisco Morán, 93, and Col. Mario Adalberto Reyes Mena, 85, will likely die in custody. In the sentence seen by The Associated Press, the court imposed 15-year sentences requested by the prosecution cumulative for each victim, adding up to 60 years. However, the court will follow the maximum sentence allowed at the time of the killings, which was 30 years. The court also ordered President Nayib Bukele, who is the commander in chief of the armed forces, to issue a public apology to the victims' families. Last month, a jury convicted the three former officers after a trial that was closed to the public. García and Morán are under police guard at a private hospital in San Salvador, where they will serve out their sentences at their expense, the court ruled. Reyes Mena–who was the former army commander of the Fourth Infantry Brigade in Chalatenango–lives in the US. In March, El Salvador's Supreme Court ordered that the extradition process be started to bring him back. 'Truth and justice have won over impunity, and this is a historic event for El Salvador,' said Oscar Pérez of the Fundación Comunicandonos, which represents the families. The Dutch TV journalists–Jan Kuiper, Koos Koster, Hans ter Laag, and Joop Willemson–had linked up with leftist rebels and planned to spend several days behind rebel lines reporting. But Salvadoran soldiers armed with assault rifles and machine guns ambushed them and the guerrillas. The UN Truth Commission for El Salvador, which was set up as part of a UN-brokered peace agreement in 1992, concluded there was clear evidence that the killings were the result of an ambush set up by Reyes Mena with the knowledge of other officials based on an intelligence report that alerted of the journalists' presence. Other members of the military, including Gen. Rafael Flores Lima and Sgt. Mario Canizales Espinoza, were also accused of involvement but died. Canizales allegedly led the patrol that carried out the massacre of the journalists. An estimated 75,000 civilians were killed during El Salvador's civil war, mostly by US-backed government security forces.
Asharq Al-Awsat
16 hours ago
- Asharq Al-Awsat
Justice at Stake as Generative AI Enters the Courtroom
Generative artificial intelligence (GenAI) is making its way into courts despite early stumbles, raising questions about how it will influence the legal system and justice itself. Judges use the technology for research, lawyers utilize it for appeals and parties involved in cases have relied on GenAI to help express themselves in court. "It's probably used more than people expect," said Daniel Linna, a professor at the Northwestern Pritzker School of Law, about GenAI in the US legal system. "Judges don't necessarily raise their hand and talk about this to a whole room of judges, but I have people who come to me afterward and say they are experimenting with it'. In one prominent instance, GenAI enabled murder victim Chris Pelkey to address an Arizona courtroom -- in the form of a video avatar -- at the sentencing of the man convicted of shooting him dead in 2021 during a clash between motorists. "I believe in forgiveness," said a digital proxy of Pelkey created by his sister, Stacey Wales. The judge voiced appreciation for the avatar, saying it seemed authentic. "I knew it would be powerful," Wales told , "that that it would humanize Chris in the eyes of the judge." The AI testimony, a first of its kind, ended the sentencing hearing at which Wales and other members of the slain man's family spoke about the impact of the loss. Since the hearing, examples of GenAI being used in US legal cases have multiplied. "It is a helpful tool and it is time-saving, as long as the accuracy is confirmed," said attorney Stephen Schwartz, who practices in the northeastern state of Maine. "Overall, it's a positive development in jurisprudence." Schwartz described using ChatGPT as well as GenAI legal assistants, such as LexisNexis Protege and CoCounsel from Thomson Reuters, for researching case law and other tasks. "You can't completely rely on it," Schwartz cautioned, recommending that cases proffered by GenAI be read to ensure accuracy. "We are all aware of a horror story where AI comes up with mixed-up case things." The technology has been the culprit behind false legal citations, far-fetched case precedents, and flat-out fabrications. In early May, a federal judge in Los Angeles imposed $31,100 in fines and damages on two law firms for an error-riddled petition drafted with the help of GenAI, blasting it as a "collective debacle." The tech is also being relied on by some who skip lawyers and represent themselves in court, often causing legal errors. And as GenAI makes it easier and cheaper to draft legal complaints, courts already overburdened by caseloads could see them climb higher, said Shay Cleary of the National Center for State Courts. "Courts need to be prepared to handle that," Cleary said. Transformation Law professor Linna sees the potential for GenAI to be part of the solution though, giving more people the ability to seek justice in courts made more efficient. "We have a huge number of people who don't have access to legal services," Linna said. "These tools can be transformative; of course we need to be thoughtful about how we integrate them." Federal judges in the US capitol have written decisions noting their use of ChatGPT in laying out their opinions. "Judges need to be technologically up-to-date and trained in AI," Linna said. GenAI assistants already have the potential to influence the outcome of cases the same way a human law clerk might, reasoned the professor. Facts or case law pointed out by GenAI might sway a judge's decision, and could be different than what a legal clerk would have come up with. But if GenAI lives up to its potential and excels at finding the best information for judges to consider, that could make for well-grounded rulings less likely to be overturned on appeal, according to Linna.
