IGWEBUIKE: African Journal of Arts and Humanities

This article explores the generative potentials of artificial intelligence (AI) in salvaging the unpredicted nature of judicial discretion. It begins by examining the current state of approaching the assumed lacuna – gap in law – where discretions are exercised, highlighting the inconsistencies inherent in judicial decisions and how discretion, even though accepted as part of the legal process, may not pass the test of objectivity in law. The study explores AI technologies like machine learning, natural language learning, and predictive analysis, and theorizes that AI technologies can address the challenges of precision and inconsistencies in discretion. By analyzing the various applications of AI in legal practices such as legal research, document review, and case outcome prediction, the article provides a comprehensive overview of the opportunities AI presents for enhancing precision, consistency, and promotion of justice for all in judicial discretion. Furthermore, the article identifies impediments to the implementation of AI in legal services. They, among others, include extensive trial and error searches among generative AI vendors, resulting in varied results and models creation for the same questions, changes in law, the developer’s morality, hallucination/malfunctioning of the machine, and training of personnel. It offers strategic recommendations for surmounting these deterrents. This study aims to provide practical insights for stakeholders in various legal systems, emphasizing a strategic approach towards the integration of AI technologies in addressing the challenges of judicial discretion to guarantee precision, coherency and justice in the legal system.

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