Lex Blog
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onJustice systems around the world are drowning in delays. Cases pile up, trials get postponed, and for millions of people, the promise of a timely resolution has for many years felt like a distant dream. With the extensive development of artificial intelligence, and talks of increased access to justice, one must ask: can artificial intelligence change all that? Can AI deliver the speed and efficiency our courts so desperately need without sacrificing fairness? And can our courts afford to focus on AI implementation, or will this lead to even more delays?
If you look at the numbers, the situation is dire. In England and Wales, over 73,000 cases are stuck in the Crown Court backlog—nearly double what it was before the pandemic. Victims, defendants, and witnesses often wait years to have their cases heard. Across the Atlantic in Brazil, the situation is even worse, with an eye-watering 80 million pending cases clogging the system as of 2022. And India? It’s grappling with over 50 million unresolved cases as of 2024, where decades-long delays aren’t an exception—and have become so extensive that the unresolved cases would take approximately 300 years to clear. It’s not just a crisis of efficiency; it’s a crisis of confidence in justice.
So, Where Does AI Fit In?
AI has led to the introduction of systems that can analyze case files in seconds, prioritize urgent disputes, and even help draft decisions for minor cases. In Estonia, for example, they’ve introduced an AI-powered system for handling small claims disputes under €7,000. The AI examines the case details, applies the law, and issues a decision. If someone isn’t happy with the outcome, they can appeal to a human judge. The result? Cases that once dragged on for months are now resolved in weeks.
But Estonia isn’t alone in this experiment. Brazil, a country with one of the world’s most overloaded court systems, has turned to AI as well. Take their Supreme Federal Court’s AI tool, Victor, which categorizes incoming cases and identifies those that can be dismissed based on precedent. In addition to saving time; it’s freeing up judges to focus on more complex cases. And for tax disputes? Brazil has partnered with OpenAI to draft legal opinions, cutting both costs and processing times. Who would have thought a few years ago that a chatbot could lighten the load for an entire judiciary?
The Human Element Meets High-Tech
Of course, this isn’t just about shaving a few months off court timelines. In Singapore, their Community Justice and Tribunals System uses AI to guide individuals through small claims cases. This system doesn’t just handle paperwork—it helps ordinary people, often representing themselves, navigate a process that once felt intimidating. It’s like having a virtual legal assistant at your side, without the hefty bill.
And then there’s Arizona. Courts there have integrated AI into managing virtual hearings, which was a shift initially resulting from the pandemic. The outcome? There is a significant drop in no-shows, as people no longer need to worry about taking time off work or traveling long distances. Meanwhile, in Texas, Webb County’s adoption of AI-powered digital evidence systems turned it from one of the least efficient courts into a Judicial Center of Excellence. Imagine going from worst to first, all because of a little help from technology.
But Is This A Step Too Far?
Still, not everyone is thrilled about handing over parts of the justice system to machines. Can AI really be trusted to make decisions that could alter lives? What if it gets it wrong? Bias in AI systems is a well-documented issue, and the stakes in court couldn’t be higher. Nobody wants a system where algorithms perpetuate injustices they’re supposed to fix.
Take China, for example, where “smart courts” use AI to draft preliminary judgments and process cases 30-50% faster than traditional systems. While efficient, it’s hard not to wonder—does speed come at the cost of empathy? Machines can process data, but can they truly understand the nuances of human lives? These are questions we can’t afford to ignore.
Can Courts Afford To Implement AI?
The idea of implementing AI may sound promising, but for many backlogged courts, the question of cost looms large. Can they really afford the upfront investment needed to integrate such advanced technology? Many courts are still functioning predominantly off a paper-based system. This doesn’t mean AI is completely amiss for them. For some jurisdictions, small steps may be the answer. Introducing AI in specific areas—like automating routine paperwork or digitizing evidence management—could offer immediate relief without requiring a complete overhaul. However, courts with deep systemic issues may find that a piecemeal approach only scratches the surface. For them, a more comprehensive transformation, albeit costly, might be the only way forward. The key is balancing ambition with practicality.
Balancing Innovation and Integrity
The examples from Estonia, Brazil, and Singapore show that AI can do wonders for reducing delays. But let’s not forget: courts are about more than efficiency. They’re about fairness, humanity, and trust. The challenge is finding the sweet spot where technology enhances the system without overshadowing its human essence.
Governments need to tread carefully. Transparent algorithms, robust oversight, and rigorous testing are non-negotiable. And public education is crucial. After all, how can people trust a system they don’t understand? If done right, though, AI could be the key to transforming justice systems worldwide.
Justice Delivered, Not Delayed
So, can AI fix backlogged courts? The evidence so far is promising. From Estonia’s AI judges to Brazil’s case-sorting algorithms, we’re seeing real progress. But this is just the beginning. The true test will be whether AI can scale up to meet the challenges of larger and more complex jurisdictions like India or the United States. Until then, one thing is clear: the potential is there. Now it’s up to us to ensure that technology doesn’t just deliver justice faster, but better.
Source
Justice Delayed or Digitized? How AI Could Revolutionize Backlogged Courts