AI and the Future of Jury Trials

Technology’s impact on civil litigation

October 18, 2023 Photo

We have seen many changes to the traditional jury trial over the past few years due to COVID-19, but the realm of civil litigation is poised for yet another transformative journey.

Over the centuries, our jury system has been a pillar of justice, empowering citizens to actively participate in the judicial process. However, the advent of artificial intelligence (AI) promises to revolutionize and forever change the way we conduct jury trials, presenting both challenges and opportunities. In this article, we will explore the potential impact of AI on jury trials, focusing on its application and the implications for our justice system.

The Future Landscape

AI, simply put, is machines acting intelligently. AI has already made significant strides in a wide variety of business areas, and its potential in the legal field cannot be overstated. In civil litigation, AI can be leveraged to streamline and enhance multiple aspects of the trial process.

Looking ahead, the future of jury trials in civil litigation appears to be an amalgamation of human judgment and AI-driven assistance. We can envision a scenario where AI algorithms help attorneys, judges, and juries make more informed decisions based on data analysis and predictive capabilities. AI can also assist jurors by providing access to comprehensive legal information, clarifying complex legal jargon, and offering instant feedback on the credibility of evidence or witness testimonies—all of which can lead to more efficient deliberations and improved outcomes.

However, to be clear, AI will not replace trial attorneys or jurors, as the human element in jury trials remains essential. Jurors bring unique perspectives, empathy, and common sense that AI cannot replicate. The ultimate decision-making power must remain in the hands of the jurors, ensuring that justice is served through collective human judgment.

The introduction of AI in jury trials brings forth numerous benefits that can enhance the efficiency and fairness of the justice system. One of the primary advantages lies in the ability of AI algorithms to process vast amounts of legal information and provide valuable insights into the potential outcomes of a case. By analyzing past cases, legal precedents, and statutes, AI can help attorneys and judges assess the strengths and weaknesses of their arguments, enabling them to make more informed decisions about settlement offers, trial strategies, and resource allocation. It is important to note, however, that although these capabilities have shown promise, they should be used with caution, as there is much room for improvement. Nevertheless, this aspect of AI is being enhanced on a daily basis.

By harnessing the power of AI in organizing and presenting evidence during the trial, attorneys can optimize their trial strategies and deliver more compelling arguments. Natural language–processing algorithms can analyze and summarize documents, making the review process faster and more accurate. This capability allows attorneys to quickly identify key pieces of evidence and focus on building strong arguments based on the most relevant information. This can lead to a more efficient and effective trial process, benefiting both attorneys and the overall administration of justice. As AI continues to advance, it holds the potential to revolutionize the way evidence is managed and presented.

Moreover, AI-powered virtual assistants can aid attorneys in real time during trial preparation, cross-examinations, and objections, ensuring a more effective presentation of arguments. These assistants can offer instant access to legal databases, relevant case law, and other resources, empowering attorneys by placing comprehensive information at their fingertips. During trial preparation, virtual assistants can aid in organizing and structuring arguments, ensuring a coherent and persuasive narrative. During cross-examinations, AI can quickly analyze witness responses and provide attorneys with potential lines of questioning and identify areas of inconsistency.

AI-powered assistants can also help attorneys in identifying and formulating objections based on legal precedent, contributing to more effective courtroom advocacy. By streamlining the review process, AI enables attorneys to devote more time to strategic planning, case preparation, and client communications, ultimately improving the overall quality of their trial presentations.

Finally, AI can contribute to the transparency and objectivity of the jury selection process, or voir dire, a critical component of the trial process. By analyzing data on potential jurors—including demographics, social media activity, and previous jury history—AI algorithms can assist attorneys in identifying potential biases and selecting a fair and impartial jury quickly and efficiently.

Ethical Considerations and Mitigating Bias

While the integration of AI in jury trials offers significant advantages, it is crucial to address potential ethical considerations and to mitigate biases. AI algorithms should be transparent and intelligible, allowing judges and attorneys to understand and evaluate the reasoning behind AI-generated recommendations or predictions. As AI systems become more complex and autonomous, it becomes essential to ensure that their decision-making processes are understandable and auditable. Judges and attorneys must be able to comprehend how an AI system arrived at a particular prediction or recommendation, especially when it comes to influencing jury selection or case assessment.

Furthermore, AI algorithms must be designed and trained with care to ensure that they do not perpetuate or amplify existing societal biases. If algorithms are trained on biased datasets or rely on flawed data sources, they may inadvertently reinforce existing societal prejudices. This could affect jury selection, evidence analysis, and even the determination of damages. Rigorous scrutiny and ongoing monitoring of the datasets used for training are necessary to minimize the risk of bias in decision-making processes and ensuring that AI technologies are used as tools for fairness and justice rather than for perpetuating inequality.

To mitigate bias, it is essential to establish diversity and inclusion as prerequisites for AI development teams. By involving individuals from diverse backgrounds, perspectives, and experiences, the development process can account for a broader range of viewpoints and filter out potential biases. Furthermore, implementing regular audits and evaluations of AI systems can help identify and rectify any biases that may arise.

Human Judgment

While AI can provide valuable assistance in jury trials, it is essential to preserve the irreplaceable role of human judgment and cognitive thinking. The complex nature of legal proceedings often requires using subjective assessments and quick thinking, weighing moral considerations, and interpreting the nuances of human behavior. Jurors possess unique qualities that cannot be replicated by AI systems, such as empathy, common sense, and the ability to evaluate witness credibility based on non-verbal cues.

In the future of jury trials, AI should be seen as a tool that supports and enhances human decision-making, rather than replacing it. AI can provide jurors with access to legal information, simplify complex legal concepts, and aid in evidence evaluation. However, it is crucial to keep final decision-making authority in the hands of jurors, as they represent the diverse perspectives of society and can ensure that justice is delivered based on human values and fairness.

The Future Beyond AI

In addition to the impact of AI—based on our experience and current trends—we can envision a few other possible facets that will influence the future jury trial:

Virtual and remote proceedings. The widespread adoption of virtual and remote proceedings, accelerated by the COVID-19 pandemic, is likely to continue. Jurors may participate in trials remotely, attending proceedings through videoconferencing platforms, eliminating the need for their physical presence in the courtroom. This could enhance accessibility, reduce logistical constraints, and allow jurors from diverse locations to serve on a case. However, it would require a robust technological infrastructure to ensure a seamless and secure virtual trial experience.

Technological integration. Technologies other than AI will continue to play a crucial role in future jury trials. Courtrooms might be equipped with advanced audiovisual systems, providing real-time transcripts, visual aids, and interactive displays for jurors to better understand complex evidence.

Juror education and guidance. Future jury trials may place greater emphasis on juror education and guidance. Jurors might receive comprehensive pre-trial education to familiarize themselves with legal concepts, procedures, and relevant evidence. AI-powered tools could assist in providing tailored explanations, simplifying complex information, and ensuring jurors have a clear understanding of their role and responsibilities. Additionally, during the trial, jurors may have access to real-time explanations, legal definitions, and annotations to aid in their decision-making.

Continued emphasis on transparency and public access. The demand for transparency and public access to legal proceedings is likely to persist in the future. Courts may further explore livestreaming trials, allowing the public to observe proceedings remotely. Efforts to make court documents and transcripts readily accessible to the public could increase transparency and public trust in the justice system.

Ethical considerations and safeguards. As explained above, as technology becomes more integrated in jury trials, ethical considerations and safeguards must be preserved or established. Protecting jurors’ privacy, ensuring the security of digital evidence, addressing biases in AI algorithms, and maintaining the fairness and impartiality of the trial process will be paramount.

Overall, the future of jury trials in civil litigation will likely involve a delicate balance between AI-assisted processes and the preservation of human judgment, augmented by other technological advances—with careful consideration of ethical implications to ensure a continued just and equitable legal system.


About The Authors
Multiple Contributors
Stratton Horres

Stratton Horres, retired, was most recently senior counsel at Wilson Elser Moskowitz Edelman & Dicker LLP.

Karen L. Bashor

Karen Bashor is partner at Wilson Elser.

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