Deepfakes create increasing problems in court

| Jul 13, 2020 | criminal defense |

Arizona criminal proceedings are growing exponentially more difficult for all parties involved due to increasing difficulties in authenticating evidence. Advancing technology is making it easier for nearly anyone with the right equipment to make a doctored video or recording that could be introduced at trial.

Deepfake technology has become much more advanced

Practically anyone with a computer or even certain apps on their mobile device has the ability to make a fake recording. The better the technology, the more difficult it will be to discern the real from the fake. Machine learning has advanced to the point where nearly anything is possible with regard to recordings. A person’s image and words are very freely manipulated as anyone who has spent time on social media knows.

Deepfakes undermine confidence in the criminal justice system

One of the major problems with deepfakes is that they subvert confidence in the court system in general. Even if the evidence is not faked, there will always be the suspicion that it could be an artifice. Defense attorneys should always seek to authenticate all evidence against their client and challenge its admission when necessary. Oftentimes, the issue will emerge because prosecutors will be seeking to introduce a video or recording that is not authenticated. Different courts may reach varying results when it comes to the admissibility of recordings. There is a very real possibility that a criminal defendant could be wrongly convicted based on doctored video evidence.

The possibility of faked evidence makes it even more vital to have a criminal defense attorney in proceedings. The attorney could be vigilant to scrutinize every single piece of evidence that the prosecution tries to introduce to the case against you as the defendant. The attorney may file a motion to suppress evidence that is of questionable origin. Oftentimes, the outcome of your criminal case depends on which evidence the court allows into the proceedings.