CALIFORNIA / LONDON (IT BOLTWISE) – In a notable case in California, the use of artificial intelligence in a criminal case was revealed, leading to incorrect applications. The Nevada County District Attorney’s Office had to withdraw a motion after discovering that the AI had generated erroneous citations. This raises questions about the reliability and ethics of AI use in the justice system.
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In California, the use of artificial intelligence (AI) in a criminal case has caused considerable controversy. The Nevada County District Attorney’s Office used AI to create a motion that contained incorrect citations. These so-called ‘hallucinations’ of the AI resulted in the application having to be withdrawn after the errors were discovered. This raises serious questions about the reliability of AI in legal contexts.
The defense and civil rights lawyers argue that prosecutors have used AI in additional cases. In the case of Kyle Kjoller, who is represented by a public defender and the nonprofit Civil Rights Corps, several errors were found in the prosecution’s motions. Although the appeals court denied the request for sanctions, Kjoller’s lawyers identified similar errors in other cases.
The defense then filed a petition with the California Supreme Court to point out the typical errors caused by generative AI. Kjoller’s lawyers emphasize that the prosecution’s reliance on inaccurate legal sources can violate ethical rules and pose a threat to the rights of defendants and the legitimacy of the courts.
In a statement, the Nevada County District Attorney’s Office acknowledged using AI in one of its applications, but not in Kjoller’s case. The other errors were due to human error. District Attorney Jesse Wilson emphasized that attorneys were instructed to independently verify all legal citations and not to rely on AI-generated materials without confirmation from reliable sources.
This case may be the first in the United States in which a prosecutor has used generative AI in a trial. Although lawyers in Canada, Australia, the United Kingdom and the United States have been punished for their use of AI, these cases have not typically involved the prosecution. Researchers at HEC Paris business school maintain a database of court cases containing AI errors, with only one case in Israel authored by a prosecutor.
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