US Supreme Court warns of dangers of AI in legal profession

The US Supreme Court has addressed the use of artificial intelligence (AI) in the legal system, acknowledging its potential while cautioning against “dehumanizing the law.” 

Published on Sunday, the 2023 Year-End Report on the Federal Judiciary offers a 13-page overview of the past year in the US legal system. This year US Chief Justice John G. Roberts, Jr. chose to continue its history of addressing “a major issue relevant to the whole federal court system” by focusing on AI, comparing machine learning to past technological advancements such as personal computers.

“For those who cannot afford a lawyer, AI can help,” said Roberts. “It drives new, highly accessible tools that provide answers to basic questions, including where to find templates and court forms, how to fill them out, and where to bring them for presentation to the judge — all without leaving home.”

However, though Roberts acknowledged the benefits AI may offer, he also noted that it comes with risks, particularly when inappropriately applied. In particular, he noted that much decision-making in the judicial system requires human assessment, discretion, and understanding of nuance. Simply entrusting such power to an algorithm is likely to result in unsatisfactory and unjust results, especially considering that AI models often contain inadvertent bias.

“In criminal cases, the use of AI in assessing flight risk, recidivism, and other largely discretionary decisions that involve predictions has generated concerns about due process, reliability, and potential bias,” wrote Roberts. “At least at present, studies show a persistent public perception of a ‘human-AI fairness gap,’ reflecting the view that human adjudications, for all of their flaws, are fairer than whatever the machine spits out.”

Roberts did state that many AI use cases help the judicial system resolve cases in a “just, speedy, and inexpensive”