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- Title
THE ORACLE TESTIFIES: FACIAL RECOGNITION TECHNOLOGY AS EVIDENCE IN CRIMINAL COURTROOMS.
- Authors
Cino, Jessica Gabel; Kleider-Offutt, Heather; Stevens, Beth; Albrecht, Kat; Evans, Robert; Riedley, Emma
- Abstract
Criminal investigatory tools are advancing faster than the courts are prepared to deal with them, leaving significant gaps in evidentiary standards when it comes to technological innovation. One such innovation is Facial Recognition Technology (FRT), which was recently catapulted into broader use following the January 6th Capitol riot hearings. This Article analyzes a myriad of evidentiary challenges related to the use of FRT in criminal courtrooms, cautioning its use given concerns about algorithmic bias, proprietary information, and obfuscated accuracy thresholds. These concerns are drawn out across several legal issues that are particularly relevant to FRT, including admissibility issues under Daubert, Fourth and Sixth Amendment concerns, and potential Brady violations. FRT is not only ethically and legally complex in its own right, but it can also be usefully compared with eyewitness identification, a more traditional method of identifying criminal defendants that has its own well-documented shortcomings. In making this comparison, this Article then offers a targeted legal analysis that uncovers the complexity of evidentiary challenges with using FRT and the lack of protections for criminal defendants compared to eyewitness identification. This comparison is conducted across several legal issues, including Daubert standards, the confrontation clause, search and seizure protections, and Brady violations.
- Subjects
HUMAN facial recognition software; CRIMINAL investigation; EYEWITNESS identification; CRIMINAL defendants; CONFRONTATION clause (Law)
- Publication
University of Louisville Law Review, 2022, Vol 61, Issue 1, p137
- ISSN
1942-9274
- Publication type
Article