ENVISIONING COURTS IN THE FUTURE

The author of this blog is Mr. Samarth Garg pursuing B.A.L.LB (HONS), 1st Year student at Maharashtra National Law University, Mumbai.

                                                                

Living in an era of modernization and digitalization, where everything is driven by technology it won't be shocking if technology entered the courtrooms. Technology is a driving force behind this change, and it’s a race for who can adapt and innovate the fastest. In early days people used to communicate by sending posts and telegraphs who knew something known as electronic mail would substitute it. What is the major reason behind this development or evolution of technology speed, accuracy, bigger clientele and more revenue. From a computer sizing equal to a room to portable laptops and whatnot. Technology has overtaken almost all the industries and the field of law is not behind in the race. Technology has become a must now and become a compulsory accessory to be successful.


There is a proper field known as legal technology which is prospering and helping lawyers in their field. Big data, artificial intelligence, and the internet of things are upcoming and aiding the field. “Legal analytics is the application of data analysis methods and technologies within the field of law to improve efficiency, gain insight, and realize greater value from available data”[1]. Analytics applications can be utilized to mine and total information from past cases to investigate the data from different points of view. Examination programming could be utilized, for instance, to look at patterns in the choices of judges, particular kinds of cases, or the commonness of specific sorts of cases over a given timeframe. An investigation of past cases can be applied to inform strategy in the near future.


In the current scenario courts are not that futuristic they work in the same way as in the olden days what has changed is maybe the immense amount of pressure on courts at different levels otherwise the setting is pretty similar. The courts in present days use video calls, they allow the use of screen for presentation further GPS proof – Location information can be utilized by police to follow or recreate the whereabouts of suspects, raising issues around the lawfulness of their entrance to this touchy data. GPS records have likewise been presented in separate cases and hostile to belief examinations to show that gatherings have had dubious gatherings that may demonstrate culpability.


Camera technology – Images caught by cameras live in a legitimate hazy area when they result from recently embraced items. Police body cameras and high-height imaging of urban areas from planes, which permit specialists to see where, for instance, a specific vehicle went over some undefined time frame, has been challenged based on the attack of protection. Furthermore, as automatons become increasingly well known, the courts should address the lawfulness of catching pictures that show movement happening on private property when it would not have been noticeable starting from the earliest stage.


Biological and clinical developments – Functional MRI imaging is equipped for demonstrating brain action that some states can show whether the subject is lying or coming clean, or whether they have racist mentalities. Courts face inquiries of whether this data can be utilized as proof in legal disputes. Comparative inquiries emerge out of cutting edge innovation that can distinguish explicit microorganisms in an individual's body, which can show whether they as of late travelled to a specific location.

I feel courts in 2040 will be digitised as I can imagine where the technology is taking us and the only difference we could evidently see would be that courts and people would not complain about the pendency of their cases and that the courts have become more efficient, accurate and one can say affordable.

There will be courts that we see now but definitely different and as AI is taking over fewer cases would be happening in the actual court and more cases will be happening virtually. Only cases with utmost importance will be attended by advocates and the judge but most of the other cases will be happening online, maybe video calls or something more futuristic because we are talking 20 years from now. As we are moving ahead currently crimes are happening over cyberspace. People are making illegal money on the internet further cyberbullying and the rate of cybercrime is increasing day by day and as we reach 2040, I believe all the violation of law will be happening online. So, it becomes important for the court and parties to the court to have apt technology or tools to deal with it and find solutions.


If we talk about India, major laws will be same as our constitution guides us also different acts we have to deal with sections of law will be similar but what might change is currently our constitution states about various fundamental rights relation speech, freedom to roam around, work , religious practices but by 2040 there will be some modifications regarding cyberbullying or any violation which is taking place over cyberspace.


There will be a lot of developments which will help in functioning of a court like predictive analysis this will help judge. Predictive analytics can find examples, anomalies and relationships in a lot of information to help assemble a case, produce a lawful procedure, comprehend restricting advice techniques, evaluate suspects and foresee case results.


The client of the future will anticipate that lawyers should precisely prompt them on industry and jurisdictional information like charging rates, jury and legal caseloads (i.e., how quick the judge is relied upon to be). Current legitimate innovation plans to make the lawyer's activity marginally simpler, yet not so distant future innovation dependent being investigated court information examination will furnish litigators with a gigantic upper hand in these and different territories. Obviously, there will consistently be gatherings, legal advisors and the judge applying the law to realities, however, the new devices will empower a degree of examination, effectiveness, speed and quality never before possible in litigation. Also such tools will help lawyers to frame their arguments understanding the judges mentality, errors he makes and the way he passes decisions. This will keep the client in confidence and in a better position.


Online databases or cloud software will help in keeping all the data safe and it can be protected in various ways in turn it will save paper and help in saving our environment. Case reading could become an easier job and there are tools for drafting and proofreading all the content. More current advancements have even utilized AI to assist lawyers with concluding whether to take a case. One item makes data about a reason for the move and some significant realities, looks through customer reports and pulls out progressively significant data for the lawyer to consider. Such items can help lawyers and firms save money by identifying problems at an early stage.


Same laws and procedures will govern but more emphasis will be on cyber laws and developing better infrastructure to govern them. This will also lead to more opportunities for people in the field of law. Maybe some engineers who are into legal hacking developing new applications daily and working for software companies can see a future in the law field.


Technology will become an essential and become unthinkable to litigate without using legal technology, brilliant concepts are coming up in the future and many are available already, but desired results are not obtained at the movement, but we are talking about 2040. People fearing from going to the court will become redundant because there is always a thought that if I take my case to the court it will take so much time and a lot of money will be invested without getting a result in my favour. The litigation industry also has a competitor that is Alternate Dispute Resolution to which people are relying nowadays. It is very essential for litigators to opt legal tech to stay in competition.


Litigation as I imagine will be the same but what will change is the way it is done it will all become virtual using tools of legal technology. It will be a crime for the lawyers for not keeping up with technology. This can be a strategy to tackle the coronavirus and maintain social distancing. Legal field cannot be paused because on daily basis cases are registered so one can think of application of technologies post covid-19 or during coronavirus outspread.


Felix Frankfurter. “If facts are changing, law cannot be static.” In the face of such a rapid pace of change, a static way of training law students and running the courts will not suffice. We have to begin asking, and continue considering, how we can adjust for changing technology and take these issues into account before they come before the court. Every industry is being transformed by rapid technological change. Legal will not be exempt”.[2]











[1] Rouse, M. (2017, August 31). What is legal analytics? - Definition from WhatIs.com. Retrieved May 09, 2020, from https://whatis.techtarget.com/definition/legal-analytics

[2] Technology Is Changing the World. Can the Courts Keep Up? . Retrieved May 09, 2020, from https://www.wkelmsolutions.com/blog/anonymous/technology-changing-world-can-courts-keep








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