The Electronic Judge: "Artificial Intelligence" The Upcoming Revolution in the Judicial System.

Can a machine replace a human judge?

On the World Intellectual Property Day, the world focuses on the importance of protecting intellectual innovations and human creativity. With technological advancements, artificial intelligence has begun to contribute to the development of the judicial system, especially in the field of electronic litigation. With the increasing interest in digital transformation, the idea of using artificial intelligence as a judge to adjudicate cases has emerged.

This year, as we celebrate this day, it has become important to highlight the idea of using artificial intelligence as an "e- judge," an innovative step aimed at accelerating judicial procedures and reducing costs. It is the present and the future, but what does "e- judge" mean? And how does it work?

The electronic judge or electronic litigation is the process of using information and communication technology in judicial procedures, starting from filing cases and legal documents online, through attending remote sessions, and ending with issuing judgments by electronic systems that rely on artificial intelligence by simulating human mental processes such as thinking, learning, and decision-making.

The e-judge works similarly to how a human judge works, but using precise mathematical criteria. It relies on algorithms that study judicial precedents, laws, and evidence presented in the case, and then provides a judgment based on a logical analysis of these elements. This is done through algorithms for processing and analyzing legal data, by entering a huge database of previous judgments, analyzing the data of the current case, and issuing judicial rulings based on that data.

Although the idea may seem strange at first, some countries have already begun experimenting with this technology. China is one of the first countries to start using artificial intelligence in the judicial system effectively. In August 2017, China launched the "Smart Judge" experiment in the e-commerce complex in Qiang Province, where artificial intelligence was used to issue judgments in simple commercial cases, online commercial disputes, and copyright cases.

In the same context, according to the Supreme People's Court, one aspect of China's new court system is the "Mobile Court," which is presented on the WeChat platform, a popular social media platform in China. WeChat has handled more than 3 million legal cases or other judicial procedures since it began. Case filing, hearings, evidence exchange, and judgment issuance are all done without anyone physically appearing in the courtroom. This system has been launched in 12 other provinces and regions in China.

In the United States, artificial intelligence has begun to be used in other areas within the judicial system, such as legal research and assistance in making decisions related to judicial precedents. Systems like "ROSS Intelligence" rely on artificial intelligence to help lawyers find similar judicial rulings faster. Blockchain technology helps simplify and create clearer records of the legal process. Although these systems do not issue legal judgments directly, their use enhances the ability of judges to make more accurate decisions based on a comprehensive analysis of available data.

Therefore, it can be said that the most important advantages of this system are reducing expenses and saving time for courts and human judges, by directing simple cases or those with low financial values to artificial intelligence. Human courts can focus on more complex cases that require careful examination and a deep understanding of legal and social contexts. This reduces the workload on judges and increases the ability of the judicial system to handle a larger number of more complex cases effectively.

On the other hand, it facilitates access to courts. By using modern technologies, people in remote or sparsely populated areas can easily access the judicial system. Individuals can file their cases online. Additionally, there is speed and efficiency in decision-making, as evidence and facts can be analyzed in moments, reducing delays in courts.

However, can the electronic judge be a real alternative?

Despite the many advantages that modern technologies provide in the field of electronic litigation, there are some challenges that must be overcome before full reliance on artificial intelligence in adjudicating legal cases is possible. Perhaps the most prominent of these concerns is that some cases may require consideration of the social and psychological circumstances of the parties involved, aspects that artificial intelligence finds difficult to process. This leads to the loss of the human touch, which is an important part of the decision-making process in some cases, such as family or ethical cases.

This may disrupt the application of Article 17 of the Egyptian Penal Code, which allows the judge to show leniency and reduce the penalty in felony cases if circumstances require it. Artificial intelligence is far from emotion, human touch, or judicial sense. It only applies the law and judicial precedents, without being affected by any other factors or considering the details of the incident that may relate to the defendant's personality, whether they deserve another chance, were cooperative, remorseful, or other factors that a human judge may consider.

In addition, it may be difficult to determine who bears responsibility in case of an error in the judgment. Artificial intelligence relies on algorithms, and it is difficult to determine how decisions are made. Another concern relates to privacy and security, as sensitive data in some cases may be at risk of leakage or information breaches. Therefore, protecting this data remains a vital issue. In addition to programming biases, artificial intelligence systems rely on the data they are trained on, and if this data includes social or legal biases, the system may reflect these biases in its judgments.

Therefore, while electronic litigation using artificial intelligence is a major step towards developing the judicial system, its application as a "judge" remains surrounded by many legal and ethical challenges. More studies and discussions are needed on how to integrate artificial intelligence into justice without compromising human rights and ensuring accountability in case of errors.

Therefore, we recommend using artificial intelligence gradually in simple cases, while the human judge remains in more complex cases, and that the judgment issued is a preliminary judgment, which the parties may accept, and making the authority to issue the final judgment with the human judge.

Finally, on the World Intellectual Property Day, the future may hold more developments in this field. It is expected that this technology will continue to expand, and artificial intelligence may be used in more complex judicial cases. With the advancement of artificial intelligence, its ability to provide more accurate and objective solutions will increase, but the need for human supervision and legal review remains necessary for the integrity of justice and to ensure a balance between technical justice and human justice.