Let humans judge, not AI

Let humans judge, not AI

Top legal eagle says there's only so far you can go in modernising the justice system

Supreme Court President Slaikate Wattanapan
Supreme Court President Slaikate Wattanapan

When the Supreme Court President Slaikate Wattanapan pictures the influence of artificial intelligence (AI) on the future of court affairs, an image of "Supreme Intelligence", a fictional character in Marvel Comics Universe, flashes in.

Supreme Intelligence is the most advanced AI judging what is right or wrong for a fighter jet pilot-turned-heroine, Captain Marvel, who sees her life shaped by its commands until she finds a way to break free.

A role of AI as a judge, if the learning machine can be developed that far, raises doubts when Mr Slaikate thought of the uses of AI and Big Data analysis to improve and digitalise work at the court.

"Humans are complex and have different motives. I'm not sure AI will be good at judging," the new Supreme Court president said during a recent interview with the Bangkok Post.

Mr Slaikate wants to modernise the court with hi-tech management, but he does not mean to have judges' work purely depend on computers.

The technology should be used to facilitate people in proceeding complaints and monitoring progress of their cases as well as help judges better handle huge piles of documents, Mr Slaikate said.

This development, he added, must be always based on the long-established impartial professionalism of judges, no matter how society will change -- from the age of social media and digital disruptions to the full-fledged AI like Supreme Intelligence.

"AI should only help judges collect statistics," Mr Slaikate said, believing this should be its most appropriate role.

"We need its capability to analyse patterns of repeated [legal] cases and predict outcomes."

This will help judges better deal with legal disputes that require them to consult hundreds of sections stated in many laws before handing down rulings.

But not only will the verdicts be a single ultimate goal, the court is required to do jobs that deal directly with the human side of people.

"We can't simply exercise our authority to give commands but need to serve people, too," Mr Slaikate said.

Many complainants have to travel a long distance to the court to lodge complaints. They also usually have no idea how and in what stages their petitions are being handled.

Court officials should help people reduce unnecessary requirements and ensure easier access to court procedures, Mr Slaikate said.

"I don't think we can escape these tasks," he said, admitting the court, like other organisations, needs to reshape the way it does its work to help people.

Giving people quick access to information, reducing use of paper and making communication easier are just a jobs on his to-do list in the digital world, he said.

According to Mr Slaikate, some court houses have already opened a new communication channel allowing people to file their petitions online in straight-forward cases like those involving hire purchase and estate managers.

Others enabled complainants to get updates of their cases on the internet.

"The Supreme Court is also working on Big Data," Mr Slaikate said, referring to an attempt to store and manage a large pile of information in judicial processes for analysis and predictions.

However, the work is still far from reaching substantial outcomes.

"We're restricted by budget and need more help from experts," he said.

The idea to harness technology to improve court affairs and its services is part of his intention since he has been appointed to succeed Cheep Jullamon as Supreme Court president on Oct 1.

The progress in his judicial career matches his academic background. Mr Slaikate was the type of student who worked hard to outperform others with the second-to-none attitude.

Traditionally a judge who can ascend to the top position is required to earn the best scores in an exam in addition to getting there through seniority.

Mr Slaikate's academic journey started in an elementary school in his home province of Samut Songkhram, where he came first in class for the first time.

Further success came when young Slaikate studied in high-school level, and eventually at Thammasat University's Faculty of Law when he graduated with second-class honours. He needed only one year to pass the Thai Bar.

He faced perhaps a stiffer greatest challenge when he won a scholarship to study criminal justice in the United States. He did not have a good command of English.

Luckily with help from his friends, Mr Slaikate managed to complete a masters in two years without failing in a single subject.

"I have to say part of my success is about luck, not just academic performance," Mr Slaikate said.

When he sat exams for the judgeship, Mr Slaikate and his friend scored equally. The pair were eventually asked to submit to a draw and it was Mr Slaikate who picked the winning ticket.

Mr Slaikate worked as a court judge in 1980 and was later appointed head of the Ranong court judges, the head of the Phuket court judges, a deputy chief of Office of the Chief Justice Region 9, the president of the Tax Division of the Supreme Court and then vice-president of the Supreme Court.

At the top of his career, his personality is viewed as more approachable by media crews, compared with his predecessors.

He admitted, under the court culture, it is better for the Supreme Court president to remain reserved and refrain from commenting on legal cases. However, he said, this practice needs to be tailored to better suit a changing society.

"This is the age of social media. I think it's difficult to cover things up," Mr Slaikate said.

"Why don't we talk in an open way, letting the third party know what happens."

However, he will only pick some cases which have been settled to comment on as judges still need to ensure a sense of fairness.

There is only one thing Mr Slaikate believes should not be changed in the world where digital tools and AI are increasingly playing a greater role.

"The one who will judge humans must be us, mankind, not AI," he said.

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