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Our Take on AI

| less than a minute read

Admissibility of AI-Based Evidence

New York Assemblyman Clyde Vanel, D-Queens, has sponsored A8110, a bill addressing the admissibility of evidence created with the help of AI. Vanel envisions one potential use case of AI-generated evidence could be using AI to complete a partial fingerprint, for example.  

"This new technology is going to be used more and more, in every field of human endeavor," the sponsor, Assemblyman Clyde Vanel, D-Queens, told the Law Journal on Monday. "It's going to be really important to make sure that with AI-created or AI-processed data or information or evidence, that you're very careful about that in the space of a trial." 

The bill proposes a few rules: (1) evidence based on AI tools must have a secondary source of support which is independent and otherwise admissible; (2) the independent evidence must corroborate the AI-based evidence; and (3) the AI system or tool used must be validated for accuracy.  This bill is in its early stages, but highlights interesting questions on how and when to use AI tools in the courtroom.

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