Artificial Intelligence and the Integrity of Criminal Evidence: Authentication, Admissibility, and Fair Trial Rights

Abstract

Artificial Intelligence (AI) is now being used in many aspects of evidence production, examination, processing and presentation in criminal proceedings. As AI can improve the efficiency of investigations and analysis in the forensics world, the answers to the following questions are not trivial and arise when using AI tools: Where did it come from? What is it? Is it authentic? Can it be reliable? Is it admissible in court? These considerations are of particular importance when it comes to the use of AI to create or significantly edit photographs, audio files, videos, documents, or investigation telling. With the advent of deepfakes and other synthetic media, it is growing increasingly difficult for the courts to determine which media are real and which ones are flawlessly produced. This paper discusses implications of AI in relation to the integrity of criminal evidence centrally focusing on authentication and admissibility, reliability and fair trial rights. It examines the difference between AI-generated, AI-assisted, AI-enhanced, and AI-analysed evidence, and discusses the issues of provenance, chain of custody, metadata, technical verification, expert examinations and algorithmic transparency. The paper also reflects on and discards the connection of the AI evidence to key procedural justice principles, such as the presumption of innocence, equality of arms, disclosure, and the ability of the accused to contest prosecution evidence. Specific focus is on laws and statues in Pakistan related to the admission of electronic evidence and the right to fair trial in constitution. The paper takes a stance between automatic disregard of AI evidence and automatic inclusion, asserting that it ought not to be either ignored or dismissed outright. Rather, technology-enhanced evidentiary protections should be used that can demonstrate authenticity, determine reliability, maintain a balance of fairness in the proceedings, and allow for meaningful judicial review. Balancing act can enable courts to enjoy the positive aspect of AI applications and at the same time safeguard the sanctity of criminal adjudication.

Keywords: Artificial Intelligence; Criminal Evidence; AI-Generated Evidence; Digital Evidence; Authentication; Admissibility; Evidentiary Reliability; Deepfakes; Synthetic Media; Fair Trial Rights; Algorithmic Evidence; Electronic Evidence; Criminal Justice; Pakistan.

https://doi.org/10.5281/zenodo.23019647