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Full-Text Articles in Law
The Inscrutability Problem: From First-Generation Forensic Science To Neuroimaging Evidence, Jane Campbell Moriarty
The Inscrutability Problem: From First-Generation Forensic Science To Neuroimaging Evidence, Jane Campbell Moriarty
Duquesne Law Review
Expert testimony continues to turn away from human-based skills to embrace machine-based evidence. Technology is used to identify and locate individuals, unlock encrypted devices, and even to evaluate criminal responsibility. Perhaps this is a positive change. The shortcomings of first-generation forensic identification specialties are substantial and include the inscrutability of its subjective comparisons. As such, this newer generation of evidence may well be an improvement. Yet the inscrutability problem adopts many forms. Machine-based evidence relies on hardware, software, algorithms, statistics, and engineering to reach results-ones created and interpreted by humans subject to bias and cognitive error; results the justice system …
Technology - Revealing Or Framing The Truth? A Jurisprudential Debate, Dana Neacsu
Technology - Revealing Or Framing The Truth? A Jurisprudential Debate, Dana Neacsu
Duquesne Law Review
Technology is so much more than a prosthetic. But how much more? And what else is it? In the legal realm, its role is not yet clear. Such a lack of elucidation becomes problematic, especially when technology has the ability to convert assumptions into facts, and it takes on a truth-making, rather than a mere truth-revealing mission. This Article argues that it is problematic to enable technology to stand in for reflective thinking, and calls attention to the fact that evidentiary rules enable technology to decide what can be proven, ergo what truth is.
Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety
Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety
Duquesne Law Review
Andrea Roth's seminal work in Machine Testimony and Trial by Machine presented a problem that is now upon us: addressing biased algorithms and the rampant reliance on technology by prosecutors and law enforcement.1 That reliance, however, is no longer unquestioning. Roth's work came at a crucial moment in time, when other articles were embracing the apparent impartiality of technology and algorithms for use in the criminal legal system. Her scholarship steered us away from that blind acceptance and dove deep, not only questioning technology itself, but also how to frame those questions of technology in the courtroom.
Biometrics And An Ai Bill Of Rights, Margaret Hu
Biometrics And An Ai Bill Of Rights, Margaret Hu
Duquesne Law Review
This Article contends that an informed discussion on an Al Bill of Rights requires grappling with biometric data collection and its integration into emerging Al systems. Biometric Al systems serve a wide range of governmental purposes, including policing, border security and immigration enforcement, and biometric cyberintelligence and biometric-enabled warfare. These systems are increasingly categorized as "high-risk" when deployed in ways that may impact fundamental constitutional rights and human rights. There is growing recognition that high-risk biometric AI systems, such as facial recognition identification, can pose unprecedented challenges to criminal procedure rights. This Article concludes that a failure to recognize these …
Foreword To The Symposium, The Death Of Eyewitness Testimony And The Rise Of Machine, Jane Campbell Moriarty, Erin Mccluan
Foreword To The Symposium, The Death Of Eyewitness Testimony And The Rise Of Machine, Jane Campbell Moriarty, Erin Mccluan
Duquesne Law Review
Artificial intelligence, machine evidence, and complex technical evidence are replacing human-skill-based evidence in the courtroom. This may be an improvement on mistaken eyewitness identification and unreliable forensic science evidence, which are both causes of wrongful convictions. Thus, the move toward more machine- based evidence, such as DNA, biometric identification, cell service location information, neuroimaging, and other specialties may provide better evidence. But with such evidence comes different problems, including concerns about proper cross-examination and confrontation, reliability, inscrutability, human bias, constitutional concerns, and both philosophic and ethical questions.
What Machines Can Teach Us About "Confrontation", Andrea Roth
What Machines Can Teach Us About "Confrontation", Andrea Roth
Duquesne Law Review
In this short Article, I argue that treating non-human conveyances of information-and other forms of evidence that cannot be cross-examined-as beyond the Confrontation Clause is unsatisfactory as a matter of text, history, logic, and principle. Instead, all of these clues lead to one conclusion: the right of confrontation is a right not only to physical presence of certain human witnesses to facilitate demeanor review and questioning, but to a meaningful opportunity to scrutinize the government's proof, whatever its form.8 That right would include out-of-court discovery of critical contextual information about the evidence, whether or not exculpatory, and a …
Ending Manner-Of-Death Testimony And Other Opinion Determinations Of Crime, Keith A. Findley, Dean A. Strang
Ending Manner-Of-Death Testimony And Other Opinion Determinations Of Crime, Keith A. Findley, Dean A. Strang
Duquesne Law Review
In January 2011, Ellen Greenberg's fianc6 and her apartment building manager broke down her apartment door after she failed repeatedly to respond to attempts to contact her.1 They found herd ead in a pool of blood on the kitchen floor, the victim of twenty stab wounds to her chest, torso, head, and neck, including stab wounds to the back of her head and to her body through her clothes. They found a half-eaten fruit salad on the kitchen counter along with an overturned knife block. By all appearances, Greenberg was the victim of a grisly murder, and the medical …
On-Screen V. In Person: How A Tech-Savvy World Is Impacting Jurors' Perceptions Of Witnesses, Michael T. Deer
On-Screen V. In Person: How A Tech-Savvy World Is Impacting Jurors' Perceptions Of Witnesses, Michael T. Deer
Duquesne Law Review
When speaking to a friend or loved one via video chat, one receives the thrill of seeing that person in real time-without a faceto- face encounter. Video chatting is a popular mechanism in the twenty-first century, as the technology comes in various forms and lives at our fingertips.1 Whether a family is video chatting with an overseas servicemember during a holiday, a person is attending an online class or work meeting, or someone is seeing his or her doctor by way of a virtual appointment, our notion of "face time" has evolved significantly.2 In fact, Merriam-Webster now defines …