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Does AI ‘threaten to destabilize’ the criminal trial? - Harvard Law School
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Does AI ‘threaten to destabilize’ the criminal trial? - Harvard Law School

  • Harvard Law Today reports AI could alter how courts view digital evidence, challenging traditional authentication rules.
  • Experts warn AI may make jurors doubt even genuine exhibits due to the possibility of synthetic manipulation.
  • The burden of proving authenticity could shift, with prosecutors needing stronger foundations for key digital evidence.
  • Experts say court adoption of provenance tools and cryptographic signatures may improve reliability of digital proof.
  • AI could affect the meaning of 'beyond a reasonable doubt' by introducing a new layer of doubt about authenticity.
  • The interview emphasizes a need for greater transparency about what courts know and don’t know about digital evidence.
  • Levin suggests a hybrid approach combining doctrine changes with technological safeguards.
  • The article notes that AI may pressure the justice system to become more sophisticated and skeptical.
  • Jurors might evaluate authenticity before weight, raising questions about how evidence informs guilt.
  • The piece highlights that judicial standards must adapt without paralyzing court procedures.
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