AI evidence due process

AI Evidence and Due Process: The Real Black Box Problem

Artificial intelligence is increasingly used across criminal proceedings, yet many systems operate as opaque “black boxes.” This article argues that the real concern is not technical opacity but procedural justice. When defendants cannot challenge algorithmic evidence through meaningful disclosure, the adversarial process fails and due process is compromised.
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AI in the courts guardrails

Five Guardrails Every Court Needs for AI

Artificial intelligence is already shaping court decisions. This article outlines five essential guardrails for AI in the courts, grounded in constitutional principles and judicial responsibility. It explains how transparency, validation, oversight, procurement, and continuous review ensure that technology strengthens justice rather than undermines fairness and public trust.
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AI evidence admissibility

When AI Becomes Evidence: Frye, Daubert, and Algorithmic Proof

Artificial intelligence increasingly produces outputs used as evidence in court. From facial recognition to risk assessment algorithms, these systems raise new reliability questions. This article explains how existing evidentiary standards—Frye, Daubert, and Federal Rule of Evidence 702—already govern algorithmic proof and why rigorous judicial scrutiny is essential.
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AI in Court Administration

Hardwiring Justice: AI in Court Administration and Judicial Decision-Making

Artificial intelligence is quietly shaping how cases move through modern courts. From case management systems and scheduling algorithms to drafting tools and risk assessments, AI influences how information reaches the bench. This article examines how AI in court administration affects judicial decision-making and why understanding these systems is now part of judicial responsibility.
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AI systems in the criminal justice system

AI Describes Many Technologies and None of Them Are Intelligent

What courts call “AI” is rarely intelligent—and never neutral. This article explains the different AI systems used in the criminal justice system, how they work, and why understanding those differences matters before relying on their outputs.
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AI governance in the justice system

Hardwiring Justice: Governing AI Before It Governs the Justice System

Artificial intelligence is already embedded across justice system operations, shaping outcomes long before judicial review. This article introduces the Hardwiring Justice series, arguing that AI governance in the justice system must come before entrenchment. Courts must assert transparency, accountability, and institutional oversight to ensure technology serves justice rather than silently redefining it.
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AI Tort Liability

AI Tort Liability: Does Negligence Law Still Apply?

As autonomous AI systems increasingly influence high-stakes decisions, questions arise about whether new liability frameworks are needed. This article explains why traditional negligence law already provides a workable structure for assigning responsibility among AI developers, deployers, and users, even when systems act with partial independence.
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AI in Treatment Courts

AI in Treatment Courts: Keeping Treatment Human

Artificial intelligence is entering treatment courts, influencing how participants seek support and how supervision is delivered. But AI cannot replace therapy, manage crises, or ensure participant safety. Treatment courts must adopt clear policies that establish AI as a supplemental tool while preserving the human-centered treatment that defines these courts.
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judicial ethics in problem-solving courts

A Judicial Landmine: Judicial Ethics Failures in Problem-Solving Courts

Judicial ethics are the backbone of every problem-solving court. The Howard County case shows how quickly credibility collapses when a judge abuses authority, blurs boundaries, and humiliates participants. This failure didn’t just harm individuals—it destabilized the therapeutic purpose of treatment courts and revealed how essential ethics are to sustaining legitimacy.
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AI and the Courts

Part Six: Judging the Machine – Lessons, Guardrails, and the Path Forward

AI is reshaping the justice system, offering both promise and peril. Courts face the challenge of adopting these tools without compromising fairness or transparency. This article outlines the essential guardrails for judicial use of AI, ensuring technology strengthens—not supplants—the rule of law.
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