Inaugural Report: "Video’s Day in Court: Advancing Equitable Legal Usage of Visual Technologies and AI"
Video provides crucial evidence in criminal and civil trials. Yet courts in the United States (both state and federal) lack clear and consistent guidelines on how video should be stored, presented and used as evidence. The lack of unified guidance means that video can lead to uneven, and potentially unfair, renderings of justice. The rise of artificial intelligence (AI) and deepfakes further complicates matters, casting doubts on the credibility and authenticity of even genuine visual content.
At its launch in April 2025, the Visual Evidence Lab gathered experts from across academia, law, media forensics, journalism and human rights practice to discuss these issues and to propose ways of improving legal processes regarding the use of video and AI tools as evidence.
Drawing on the discussions, an overview of existing research and insights from 20 experts, the inaugural report identifies key challenges with video access, interpretation and AI. To address those challenges, the report recommends the establishment of a robust infrastructure for the long-term storage and retrieval of evidentiary videos, specialized training for judges, clear instructions for jurors and safeguards for admitting AI-based evidence. The report argues that systematic guidance and applications for treating video as evidence will ensure that courts recognize and uphold civil rights and human rights in the age of AI.