On December 31, Chief Justice John Roberts of the United States Supreme Court released the end-of-year report, where he anticipated that artificial intelligence (AI) would have a “significant” impact on legal work. While expressing confidence in the continued presence of judges, he equally predicted that AI would markedly influence judicial work, especially at the trial level. Roberts emphasized that the changes brought about by AI would not only affect how judges carry out their duties but also their comprehension of AI’s role in the cases they handle. As technology evolves, he noted that courts will need to carefully assess its appropriate applications in litigation.
Roberts pointed out that AI can unquestionably aid the current judicial system in advancing the objectives outlined in rule no. 1 of the Federal Rules of Civil Procedures—specifically, the pursuit of a “just, speedy, and inexpensive” resolution of cases. However, he cautioned that any use of AI should be approached with care and humility. Roberts highlighted the issue of AI “hallucinations,” where the technology might provide answers containing false or misleading information presented as facts. On December 31, Michael Cohen, the former lawyer for entrepreneur and former U.S. President Donald Trump, attributed fake citations in legal documents to AI.
The Chief Justice stressed that machines cannot entirely replace key actors in court and suggested that judges play a crucial role in assessing the sincerity of a defendant’s allocution during sentencing. He emphasized the significance of human perception, stating that nuances like a shaking hand, a quivering voice, or a change in inflection can hold substantial weight in legal proceedings. Roberts underscored that, despite technological advancements, most people still trust humans more than machines to interpret and draw accurate inferences from such clues.
This message from Chief Justice Roberts follows closely after a group of senior judges in the United Kingdom issued AI guidance for the judiciary in England and Wales, providing instructions on AI usage while cautioning about potential risks during trial implementation.
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