The criminal process is about finding the truth, meaning that determining the “true” facts in criminal trials is paramount.
The prosecutor must prove their case against the defendant beyond reasonable doubt, a characteristic commonly known as the burden of proof.
Evidence in a criminal case is vital. Without sufficient evidence, prosecutors do not have a case against the defendant. At the same time, a criminal defence lawyer can present evidence that may weaken the prosecution’s case. As the protagonist of Steven Spielberg’s movie Amistad wisely reminds us, “In a courtroom, whoever tells the best story wins.”
Modern technologies such as AI and virtual reality (VR) solutions present further opportunities for lawyers to gather strong evidence against the defendant, aiding them in delivering justice. But does it reveal the truth?
The influence of AI in the courtroom
As the criminal justice system (CJS) grows more reliant on advanced technologies, professionals at all levels will need to be proficient with cutting-edge tools and techniques. Emerging technologies in AI play a significant role in how the CJS brings justice, and lawyers are using this new technology to facilitate and maximise their playing field in gathering evidence to either prosecute or defend the defendant.
With the help of AI-powered solutions, criminal lawyers can streamline legal research at a faster rate. By filtering through the vast legal database, it can pick up relevant statutes, case law, historical crime cases, and legal precedents to help lawyers and judges conclude the case.
Risks in criminal trials
However, there are risks that lawyers need to consider before using AI in criminal trials. In 2022, the House of Lords of Justice and Home Affairs Committee considered using AI in the UK judicial system and concluded that it poses a risk to an individual’s right to a fair trial. The findings suggest that AI manipulated and tampered with legal documents, creating inaccurate documents and false accusations.
For example, in June 2023, two US lawyers were fined $5,000 for citing fake cases generated by ChatGPT. Additionally, in Mata versus Avianca [2022], Mr. Mata’s representative, Mr. Steven Schwartz, abandoned his duties to provide and prepare legal documents after submitting a non-existent judicial opinion with fabricated law citations produced by ChatGPT.
The use of VR-based solutions in the courtroom
The introduction of VR technology in courtrooms is a transformative approach to presenting such evidence. VR allows judges, lawyers, and jurors to visualise a crime scene or incident, offering an immersive understanding beyond traditional evidence. From virtual crime scene walkthroughs to interactive reconstructions, legal professionals can better understand complex scenarios, potentially leading to more accurate and informed decisions.
In December 2024, a courtroom in Fort Lauderdale, Florida, used VR technology to analyse a defendant’s retelling of events. Judge Siegal donned an Oculus Quest 2 VR headset during a stand-your-ground hearing, recreating the defendant’s perspective in the case of Miguel Rodriguez Albisu, a wedding venue owner charged with aggravated assault. This allowed Judge Siegal to understand not just the words of Albisu’s testimony but also the physical conditions.
Questions and challenges in criminal cases
However, this approach raises several questions and challenges. Ensuring the accuracy and authenticity of virtual recreations will be a major challenge, as courts should guarantee that these simulations are reliable and unbiased. Legal analyst David Weinstein told Local 10 that this unique scenario might remove the need for a jury if judges were able to watch a 3D reenactment, further questioning its reliability as an element of evidence. In other words, an immersive virtual experience could affect a judge’s emotions and decisions, failing to be transparent and fair.
Louisiana Fifth Circuit Court Judge Scott Schlegel, a past Chair of the Louisiana Supreme Court Technology Commission, emphasised that “viewers don’t just observe a story—they live it.” The emotional impact of VR experiences could potentially overshadow factual evidence and differ from valuable facts, leading to inconsistent interpretations among jurors.
AI and VR a double-edged sword
So, while AI and VR technology bring new opportunities to facilitate and maximise lawyers’ ability to seek the “truth,” transparency and fairness must be at the heart of the CJS’ implementation of such technology.
Failure to be transparent and fair will put innocent civilians at risk of a miscarriage of justice—when an unfair outcome occurs in criminal or civil proceedings, such as the conviction and punishment of a person for a crime.
