Friday, June 20, 2025

Technology in the Courtroom (John Liu Profiled in HKU Bulletin)

"Technology in the Courtroom"
John Liu
HKU Bulletin
Published in May 2025

How do live broadcasts affect behaviour in the courtroom? What happens when judges use AI? And what can data analytics tell us about the factors that favour litigants in court? Professor John Liu has been investigating.

Live broadcasts of court proceedings have become more common around the world, especially since the COVID-19 pandemic. In China, they are also part of an effort to encourage judicial transparency.

But sentiment about such broadcasts is divided. Some fear that judges and lawyers play to the cameras and that decisions will be badly affected. Others fear that all parties involved will be very nervous with livestreaming. In the US, David Souter, former Associate Justice of the Supreme Court, once famously said “the day you see a camera come into our courtroom, it’s going to roll over my dead body.”

Professor John Liu in the Faculty of Law, however, has been sceptical about such risks, which he calls ‘folklore’. Recently, he decided to test the matter in a randomised control trial involving 85 cases in China, including civil, criminal and administrative (suing the government) cases. Some cases were assigned to be broadcast live and all participants in the trials were told of this; the others were not broadcast. The language and behaviours of everyone involved were analysed using a combination of AI audio recognition tools and manual review.

“What we found out is that some of the folklore is just not true. Judges and lawyers do not play to the cameras or change their behaviour. These repeat players are not influenced or affected in a bad way by live streaming,” he said.

“On the other hand, the parties – the litigants – are somewhat influenced. They appear to be nervous, and they speak at a slow speed and convey less information in trials that are broadcast live.”

Detecting trends

While this may affect litigants’ perceptions of the judicial process – a matter that still needs to be studied more closely – Professor Liu said it demonstrates that judges may be too conservative about the risks of a tool that enhances transparency in the courtroom......

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