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G. Giappichelli Editore

24/10/2025 - US Courts Grapple with AI-Generated Evidence (USA)

argument: Notizie/News - Criminal Procedure Law

Axios reports on the escalating challenge that AI-generated content, particularly deepfakes, poses to the integrity of the U.S. judicial system. Courts across the country are increasingly confronted with fabricated audio, video, and documentary evidence created using sophisticated AI tools. Judges, lawyers and lawmakers are being forced to reconsider long-established rules of evidence, which were not designed to handle hyper-realistic forgeries. Detecting these fakes is difficult and they can be used to incriminate the innocent or exonerate the guilty.

The article notes that the legal system is currently in a reactive mode, struggling to keep pace with the rapid evolution of AI technology. Without clear standards and reliable methods for authenticating digital evidence, there is a serious risk of miscarriages of justice. Some jurisdictions are proposing new rules requiring disclosure of AI-generated content in legal proceedings, and there is growing demand for advanced forensic tools capable of identifying deepfakes. The situation is a critical test for the adaptability of the justice system in the face of disruptive technology.