Evidence Code 352

How to Prove an AI Deepfake Video Is Inadmissible in California Criminal Court Under Evidence Code § 1401

How to Prove an AI Deepfake Video Is Inadmissible in California Criminal Court Under Evidence Code § 1401

AI and the Law /

California courts can exclude an AI deepfake video unless the proponent authenticates it under Evidence Code § 1401, and the judge finds it is what they claim it is. In criminal cases, deepfakes raise acute risks of misidentification, fabrication, and unfair prejudice, especially when presented as “caught on video” proof. This article explains how California […]

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How to Challenge AI-Generated Audio Evidence in California Criminal Court Under the Kelly-Frye Standard

How to Challenge AI-Generated Audio Evidence in California Criminal Court Under the Kelly-Frye Standard

AI in the Courtroom /

California courts can exclude AI-generated audio evidence unless the prosecution proves it meets the Kelly-Frye “general acceptance” standard and Evidence Code reliability requirements. As deepfakes and voice-cloning spread, criminal cases increasingly feature disputed recordings, jail calls, and “confessions.” This article explains how to challenge AI audio in California criminal court—motions, hearings, experts, and cross-examination strategies

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