Criminal Law Library BlogFrom the Congressional Budget Office (CBO)*.
As reported by the Senate Committee on Health, Education, Labor, and Pension Committee on June 18, 2024.
Summary:
Articles Posted in Authors of Articles
Courts Grapple with AI in Litigation: A Patchwork of Orders and Guidelines Emerge to Address New Risks
As artificial intelligence, including generative AI, becomes increasingly common in litigation, judges across the United States are working to establish guidelines to prevent its misuse in court. Since Judge Brantley Starr of the Northern District of Texas issued the first standing order on AI in legal filings in 2023, more than 200 state and federal judges have followed suit, creating new standing orders, local rules, and pretrial guidance to address AI use and its potential pitfalls. Just last month, the newly established Texas Business Court included a caution on AI in its inaugural Local Rules.
This rapidly shifting landscape reflects judges’ efforts to address both the opportunities and challenges that AI presents. However, no uniform approach has yet emerged, with judges charting individual courses in their courtrooms and some broadening their orders to cover evidentiary concerns amid growing fears of deep fake evidence. While some judges are exploring ways to integrate AI responsibly, their primary focus remains on curbing its misuse. Practitioners should stay informed, as courts continue to adapt to this evolving frontier.
References:
Gitlow v. New York: From Radical Manifesto to Enduring Legal Legacy
The following is a discussion of the book Gitlow v. New York: Every Idea an Incitement. In his study, Marc Lendler opens up the world of American radicalism, traces the origin of the incorporation doctrine, which was addressed for the first time in this case, and the ebb and flow of Gitlow as a precedent through the Cold War and beyond. Gitlow v. New York: Every Idea an Incitement is a book for our time.
In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a “Left Wing Manifesto,” a publication inspired by the Russian Revolution. He was charged with violating New York’s Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating for the violent overthrow of government. Gitlow argued that the law violated his right to free speech, but he was still convicted. He appealed the decision; however, five years later the Supreme Court upheld his sentence by a vote of 7-2.
Throughout the legal proceedings, much attention was devoted to the “bad tendency” doctrine—the idea that speakers and writers were responsible for the probable effects of their words—which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, “A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means.”
Stay One Step Ahead: Suggested Measures to Outsmart Modern Scammers
In today’s digital world, scams come in many forms—some so convincing that even the savviest among us can fall victim. Scammers now use staged approaches, impersonating tech support agents, bank officials, and even loved ones to gain your trust. Understanding how these scams work and staying vigilant can save you from financial loss and emotional distress.” The information below is based on material compiled by the American Bankers Association and the Bank of America. It provides suggested examples that can be useful to help prevent us from being victims and is being shared as a service to all readers:
A word of caution: Don’t download software or provide remote access to anyone you don’t know.
Imposter
The Digitalist Papers: Artifical Intelligence and Democracy in America, An Overview
Following the introduction of Chat GPT3.5 to the public on November 30, 2022, there have been growing concerns about how the emerging AI revolution can be utilized to reimagine and , if necessary, reinvent new technologies capable of preserving our democracy– as we enter another technological, economic, and political crossroads in our society. Sharing these concerns, I have been searching the literature hoping to discover institutionally backed efforts dedicated to addressing them. Recently, I learned about the publishing by the Stanford Digital Lab of The Digital Papers: Artificial Intelligence in America, Volume 1 of a projected ongoing series. Learning of this publication, I immediately went to Amazon and ordered my own copy. The following is my Overview of this first volume:
In the late 18th century, the Federalist Papers emerged as a groundbreaking series of essays advocating for the ratification of the U.S. Constitution. Alexander Hamilton, James Madison, and John Jay—under the pseudonym “Publius”—articulated a vision for governance that reflected the challenges of their time: an unstable political landscape, shifting economic forces, and burgeoning democratic ideals. Fast forward to the 21st century, the world again finds itself at the intersection of disruptive change where the political, economic, and technological forces at play call for a similar intellectual effort to chart a way forward.
The Digitalist Papers: Artificial Intelligence and Democracy in America takes inspiration from the spirit of the Federalist Papers, yet it aims to address an even more complex landscape. The technological revolution now driven by artificial intelligence (AI) offers immense potential to reshape every aspect of human life—from how we communicate to how we govern ourselves. As Hamilton, Madison, and Jay once grappled with how to mold governance to fit the emerging United States, today’s thought leaders must confront the challenge of integrating AI into existing democratic institutions. This is the goal of the Digitalist Papers series: to explore the possibilities of AI’s impact on democracy and to consider how governance structures must evolve to preserve and enhance democratic values in this era of unprecedented technological change.
Supreme Court to Hear Case That Could Expand the Use of DNA Evidence in Criminal Cases
“On Friday, October 4, the Supreme Court agreed to hear arguments in Gutierrez v. Saenz, a case regarding death-sentenced Texas prisoner Ruben Gutierrez’s ability to sue the state for DNA testing in support of his innocence claim. The Court had issued a stay to Mr. Gutierrez on July 16, just twenty minutes before his scheduled execution. Mr. Gutierrez was convicted and sentenced to death in 1999 for the murder and robbery of an 85-year-old woman but has long maintained his innocence. Forensic evidence from inside the trailer where the killing occurred has never been tested for DNA, but the state has refused Mr. Gutierrez’s testing requests. The Court will now decide whether the Fifth Circuit was correct when it ruled that Mr. Gutierrez did not have standing to sue Texas over its refusal to give him access to DNA testing. The Court will likely hear Mr. Gutierrez’s case next spring.” Leah Roemer. Death Penalty Information Center October 9, 2024.
In his October 7, 2024 posting in VERDICT. Amherst professor Austin Sarat argues that the Gutierrez case could expand the use of DNA evidence in criminal cases and the Court “should allow Gutierrez to challenge Texas’s restrictions on post-conviction DNA testing, asserting that such limitations in death penalty cases across the country hinder the pursuit of justice and should be reconsidered”.
Click here to read Professor Sarat’s complete posting in VERDTCT: Legal Analysis and Commentary from Justia.
Does Informed Consent Alone Mitigate Responsibility: Considering Patient Harm Related to Artificial Intelligence
Surgeon and bioethicist Charles E. Brinkley is a contributor to VERDICT a service of Justia. In his August14, 2024 VERDICT posting , Does Informed Consent Alone Mitigate Responsibility: Considering Patient Harm Related to Artificial Intelligence, Dr. Brinkley “discusses the ethical implications and potential harms of using artificial intelligence (AI) in healthcare decision-making, particularly focusing on informed consent and physician responsibility. Dr. Binkley argues that patients should be informed when AI is used in their care, and that healthcare providers have a duty not only to inform patients of potential risks but also to mitigate those risks, emphasizing that the use of AI does not absolve physicians of their responsibilities to patients.”
Revisiting Constitution Day: A Call for National Recognition and Reflection
Constitution Day is one of our most important holidays because it commemorates the signing of the U.S. Constitution, our most foundational document, on September 17, 1787 by the delegates of the Constitutional Convention in Philadelphia. It is perplexing to note that the commemoration of such an important event in our history is not observed more broadly as one of our national holidays.
As Kathleen Hal Jameson writes in her article, What Constitution Day Means and Why it Matters: “For almost three quarters of a century, advocates have worked to give comparable federal stature to September 17, the day on which we celebrate the anniversary of the 1787 signing of the U.S. Constitution by the nation’s founders. As President John F. Kennedy noted in his 1961 Constitution Day proclamation, it is a day for ‘ceremonies’ set up to ‘inspire all our citizens to keep the faith of our Founding Fathers and to carry out the ideals of United States citizenship’
I celebrated by leading a discussion about Constitution Day, centered on the question: Is now the moment for a new Constitutional Convention? The following links provide the materials used during the session, along with a Concluding Statement capturing the unanimous agreement of the group
ABA Taskforce Report on the Impact of AI on the Practice of Law: Year 1
In August 2023, Mary Smith, President of the American Bar Association (ABA), announced the creation of the ABA Presidential Taskforce on Law and Artificial Intelligence to “bring together lawyers and judges from across the ABA to address the impact of AI on the legal profession and the practice of law.” From it’s beginning, the Taskforce has been concentrating it’s efforts on a broad array of critical AI issues of concern to ABA, including AI’s impact on the legal profession, the courts, legal education, access to justice, governance, risk management, and challenges with generative AI. During the past year, the Task Force has been active on a number of fronts, addressing these issues from various perspectives, including the preparation of it’s Task Force Report on the Impact of AI on the Practice of Law: Year 1 On the Impact of AI on the Practice of Law, released August 2024.
Quoting from the Report: “This Report addresses the critical AI issues that impact lawyers and judges in the practice of law, and provides insights and resources that will equip the legal community to effectively address and leverage these developments. Given the rapid pace of change in the AI landscape (the National Institute of Standards and Technology (NIST) released new guidance documents as this Report was being finalized), and the need to give the AI developments the attention they deserve, the AI Task Force will continue its work in the new bar year (2024-25).
Highlights of the AI Task Force’s year [as mentioned in the Report] include:
New York Metro Joint Cyber Security Conference – 2024
The 2024 NY Metro Joint Cyber Security Conference will be held on September 26 from 8:30AM -5:30PM EDT, celebrating its 11th year featuring keynotes, panels and sessions aimed at educating everyone on the various aspects of information security and technology.
Workshops featuring in-depth extended classroom-style educational courses to expand your knowledge and foster security discussions will take place virtually post-conference. It is a collaborative event cooperatively developed, organized and sponsored by a consortium consisting of leading information security industry organizations and chapters (The New York Cyber Security Coalition).
For additional information, including conference location and conference and workshop registrations, click here