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Software- and AI-generated evidence is becoming the most common and powerful evidence in the criminal legal system. These technologies are proliferating throughout the U.S., including probabilistic genotyping systems (e.g., STRmix and TrueAllele), forensic DNA phenotyping (e.g., Parabon), face recognition systems, firearms forensics software (e.g., Cadre), among others. While prosecutors, forensic analysts, and even courts, will proclaim these technologies are objective, scientific, and reliable, those opinions are based more on faith than evidence.
This session will help attendees understand multiple bases for challenging software- and AI-generated evidence: the expert testifying is unqualified, the evidence is unreliable foundationally or as applied, the defendant has been unable to properly confront the software or the proper witness under the Confrontation Clause, the failure to disclose Brady material, and the lack of Due Process.
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