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Chief Justice John Roberts of the United States Supreme Court, in his annual year-end report released on December 31, predicted a “significant” impact of artificial intelligence (AI) on legal work. While expressing confidence in the continued presence of judges, he asserted that AI would notably influence judicial activities, particularly at the trial level.
Roberts emphasized that the transformation brought about by AI would not only reshape how judges perform their duties but also alter their comprehension of AI’s role in the cases they handle. He highlighted the necessity for courts to carefully consider the appropriate applications of AI in litigation as the technology advances.
The Chief Justice acknowledged the undeniable assistance that AI could provide in advancing the objectives of the Federal Rules of Civil Procedures, particularly in achieving a “just, speedy, and inexpensive” resolution of cases. However, he cautioned that any utilization of AI demands caution and humility.
Roberts specifically addressed the issue of AI “hallucinations,” where the technology might present false or misleading information as factual. He referenced recent incidents, such as Michael Cohen blaming AI for fake citations in legal documents.
While recognizing the potential benefits of AI, Roberts stressed that machines cannot entirely replace key actors in the courtroom. He underlined the importance of human judgment in assessing the sincerity of a defendant’s allocution during sentencing, noting that nuances in human behavior carry significant weight.
The Chief Justice’s statement aligns with recent developments, including UK senior judges issuing AI guidance for the judiciary in England and Wales. The UK advisory outlines how judges should use AI while cautioning against potential risks during trial use.
This message from Chief Justice Roberts comes at a time of growing awareness and discussion about the role of AI in the legal field, as technology continues to advance and reshape traditional practices.
For a comprehensive exploration of anticipated AI legal challenges in 2024, refer to our “2024 AI legal challenges” predictions roundup.
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