
"It's the morning of the first day of trial. Your opponent calls her first witness who testifies about a video he says was taken at the accident scene. The video clearly shows your client running the red light. The witness is pointing at the screen and saying the video is a fair and accurate depiction of what he observed. The judge nods his head knowingly and looks at you. Your client is tugging at your sleeve and whispering something."
"That's why what the Visual Evidence Lab at University of Colorado Boulder recently created and did is important. The Lab gathered 20 some experts from academia, law, media forensics, journalism, and human rights practice in April of this year to discuss the use of video and AI for a full day and to talk about the problems that AI can and is creating in our courtrooms. The group released a report entitled, Video's Day in Court: Advancing Equitable Legal Usage of Visual Technologies and AI."
"While the focus of the group was on video evidence, much of what was discussed is applicable to other forms of non-documentary evidence. The group talked about three key things: systematic public access to and storage of video evidence, how to place guidelines on the interpretation of video evidence by judges and juries to mitigate bias and properly interpret the evidence, and the issues posed by the impact of AI on video evidence to better establish and ensure reliability and integrity."
A seemingly clear video at trial may still be unreliable if it has been altered or enhanced by AI, creating acute authenticity and bias problems for lawyers, judges, and jurors. Deepfakes and AI-enhanced footage will become increasingly common while legal responses remain limited. The Visual Evidence Lab at University of Colorado Boulder convened experts across academia, law, media forensics, journalism, and human rights to examine these challenges and produced a report titled Video's Day in Court: Advancing Equitable Legal Usage of Visual Technologies and AI. The work emphasizes three priorities: public access and storage of video evidence, judicial and jury guidelines to mitigate bias and support proper interpretation, and measures to ensure AI-related reliability and integrity of visual evidence.
Read at Above the Law
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