The Constitution Has Entered the 'Chat': AI Violates the Right to Effective Assistance of Counsel
This column addresses how using artificial intelligence in the criminal justice system may be unfairly prejudicial to defendants and violates their constitutional right to effective assistance of counsel.
September 06, 2023 at 12:00 PM
12 minute read
Artificial IntelligenceArtificial intelligence (AI) has permeated various industries and professions because the technology has many benefits. The legal profession has slowly adopted this kind of technology as an aid to tasks such as research and writing. Many commentators have discussed the ethical considerations of using this technology in the context of the Model Rules of Professional Conduct. Nicole Yamane, Artificial Intelligence in the Legal Field and the Indispensable Human Element Legal Ethics Demands, 33 Geo. J. Legal Ethics, 877, 878 (2020); Augustus Calabresi, Machine Lawyering and Artificial Attorneys:Conflicts in Legal Ethics With Complex Computer Algorithms, 34 Geo. J. Legal Ethics 789, 797 (2021); Amy B. Cyphert, A Human Being Wrote This Law Review Article: GPT-3 and The Practice of Law, 55 U.C. Davis L. Rev., 401, 423 (2021).
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