Litigation

Cal. Litig. VOLUME 38, ISSUE 2, SEPTEMBER 2025

AI IN CRIMINAL CASES IN 2025: USE OF AI-GENERATED EVIDENCE IN INVESTIGATIONS AND TRIAL

Written by Hon. Abraham C. Meltzer

This is the second in a two-part series concerning the use of artificial intelligence in criminal cases.

2025 will be a transition year as AI designers recognize that they must submit their AI programs to independent outside testing for reliability and accuracy if they want evidence from their systems to become admissible in court. If and when that outside testing is done—and it has not been done yet on any widespread basis—then AI-generated evidence may well become admissible in criminal trials. But if AI companies refuse to allow outside testing, then AI evidence will likely be ruled inadmissible in criminal cases.

I. AI-GENERATED EVIDENCE MUST BE TESTED BY INDEPENDENT THIRD PARTIES BEFORE IT CAN BE ADMISSIBLE.

Join CLA to access this page

Join Now

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment