With the development of technology, artificial intelligence has also led to some improvements in the field of law. Artificial intelligence based judges and lawyers are not common in the area of law yet. Lawyers and judges respond to this mechanism because they will be out of business. Can artificial intelligence really fulfill their duties with justice? What will be the psychology of the service users against the decisions made by the machine? What are the applications and possible results?
KEY WORDS: Artificial Intelligence, Justice, Virtual Judge, Virtual Lawyer, Conscience
Teknolojinin gelişmesiyle birlikte yapay zeka hukuk alanında da bazı gelişmeler doğurdu. Yapay zeka temelli hakim ve avukatlık yazılımları hukuk dünyasında henüz alışılamamış bir durum. Avukat ve hakimler bu mekanizmaya tepki ile karşılık veriyor. Peki yapay zeka adalet erleri gerçekten görevlerini layığıyla yerine getirebilirler mi? Hizmet alanların makine tarafından verilen kararlar karşısındaki psikolojisi nasıl olacaktır? Uygulamalar ve muhtemel sonuçlar nelerdir?
ANAHTAR KELİMELER: Yapay Zeka, Adalet, Sanal Hakim, Sanal Avukat, Vicdan
With the rapid development of communication technologies, technology is spreading into every aspect of life, and ideas that do not even come to mind in the past, now turning into products. In the early ages, even humans cannot effectively communicate with each other, but today objects are able to communicate and make decisions (IoT) among themselves. The concept of artificial intelligence, which has been called for many years, has gained a new dimension with the communication of objects.
“Artificial intelligence (AI) is an area of computer science that emphasizes the creation of intelligent machines that work and react like humans.” In the other hands, artificial intelligence is a software that teaches the machine to how to learn. Artificial intelligence is the system that takes the decision to evaluate the situations in the shortest time and the most efficient way. So it has become the star of the managers in the commercial market because its features such as; the fact that artificial intelligence makes decision faster than people and it can perform many operations at once also they don’t have legal rights like employers. Therefore, artificial intelligence applications began to show itself in many areas from cleaning to health, from transportation to law. However, these developments also raise the discussions about ethics of the practice of artificial intelligence. The most well-known example of this discussion is “which life is more valuable” question in a possible AI driven (autonomous) car accident, who will have the living priority. It is inevitable that the artificial intelligence and ethical debates will continue to increase in the coming years because AI has no conscience. So we need to figure it out as soon as possible to how we handle this situation.
II. Technology and Law
Technology is becoming active in every aspect of life. When it comes to tech, people thinks about more concrete products like an innovation in the defense industry, an innovation in transportation technologies. When it comes to law it is a completely abstract space. So when we merging the law with technology people can stay in the dilemma. But, today we are talking about AI lawyers and AI judges, even we can adopt or not…
Some people are confident that artificial intelligence can be equidistant to people because they think AI can decide without adding their feelings and opinions to their decisions. Another feature that positively affects people; the price of artificial intelligence lawyers is also quite cheap against a real lawyer. However, artificial intelligence lawyers are not yet recognized in the courts (representation authority), they just working to prepare a petition. For example in England, the AI lawyer application (DoNotPay) won 160,000+ cases against parking fines with a robot objecting system. Moreover, some people are distrustful of robots because of the fact that tech products are always open to hacking and law is a sensitive area so that can have serious bad consequences. According to a research, rate of the correct decision making of artificial intelligence judges is 79%. A sensitive area such as law is not capable of tolerating a 21% margin of error. But as always, technology will continue to evolve and over time, this margin of error will be eliminated.
It will be inevitable that the law will be affected from technology, like all other areas, whether we adopt or not. For this reason, the question should be more about how we can use technology in law. Actually, in many areas such as UYAP and e-Government services, technology has already adopted to the law system.
An example of a criminal monitoring system mentioned in the series of “Person of Interest” now used in China. Chinese citizens are monitored 24 hours a day and those who are potential criminal for AI, are reported to the security forces. However, this system eliminates many basic principles such as right of privacy and protection of personal data.
The applications of artificial intelligence have been unsuccessful in many cases, and the mechanisms that are used, do not have absolute certainty. Examples of failed applications:
- In 2016, Microsoft’s Chatbot was shut down after not even 24 hours of operation because Twitter users made it an insulting Nazi-lover.
- In 2017, German police had to break into a house because Amazon’s Alexa was throwing a party on her own.
- In many reported cases, AI systems have been accused of being racist, sexist or biased: for example, in an AI System to predict future crime, black offenders were at higher risk to a future crime, in an AI-judged beauty contest, mostly white women were awarded, and PokemonGo Stops were predominantly located in white neighbor hoods.
III. Artificial Intelligence and Conscience
When a man is in a suspect situation and the judges makes a decision about himself, he trusts most of the judge’s conscience. He speaks out for judge’s conscience. Conscience will lead people to do right things. Conscience is the compass of man’s righteousness. But machines have no conscience. In places when there is a law gap and the judge need to create a law, a robot without a conscience won’t be able to adopt the norms of the human conscience, so people won’t adopt these robot made decisions in their conscience. If there is no conscience in a decision on the court, we can say that the rules are applied but we can’t say that the justice been served. The fact that people rely on the conscience of people is a clear indication that they will not feel safe in front of the robot.
IV. Artificial Intelligence Judgements and Human Reacts
People never accept conviction. Big part of the cases seen in Turkey goes to appeal proceedings. When the defendant found guilty or violated, he finds a flaw in the decision-maker and says that the trial is faulty. They do not even trust real judges. When it comes to robot judges, people can think various paranoiac things like “it was hacked”. In the other hand in a study shows that 81% of artificial intelligence programmer is reported as male. Feminist users argue that artificial intelligence can do racism and sexism based on this result. Indeed, artificial intelligence is a mechanism produced by human beings, it is also possible to have such mistakes. Moreover, for the sake of ideologies, artificial intelligence technologies can be programmed in a certain way for the reaching of desired results. So suspects will always find a ground to go to appeal. Maybe they are right maybe they are not, for justice we need to search it. Therefore, justice progress will be longer than now. Considering all these effects, the European Union has recently published the “Ethics Guidelines for Trustworthy AI European Guide”. States aware of this problem and have started efforts to produce software guidelines for ethical discipline.
The human psychology (ego) will not be able to adopt a robot’s domination on itself. When the hack is happen once, inevitable that the robots would be lynched and shunted by suspects, real lawyers and judges to shut down the AI jurisdiction system. This is what human does…
Artificial intelligence will gain an important place in the world of law like as in other disciplines. The world of law is not yet ready for this change. Because of the fact that jurists focus on abstract science, their distances to technology give rise to a problem that we may encounter in the future. In the new world order, multidisciplinary approaches gain importance and will be effective in all areas. For this reason, our lawyers are required to receive education in faculties in order to keep up with technological developments.
Artificial intelligence lawyers should abandon the view of existing lawyers from their jobs, this inevitable change in the world of law should be pioneered with an innovative perspective. Artificial intelligence can be used in law; we need to ask ourselves to how we can integrate artificial intelligence into law system for best results?
People’s approach to robots should be examined; softwares and hardwares should be produced in the most appropriate way also human psychology should be considered. It is necessary for the human psychology that software developers should design their AI legal products with the expert psychologist.
AI legal system will not be put into practice until the artificial intelligence’s mistakes eliminated and taking close to perfect results are obtained from the AI legal system. Because law does not tolerate the faults…