Security cameras at apartment buildings and businesses are no longer the grainy, ineffective cameras of the 1990s and 2000s. Cameras can now often capture accurate images of individuals’ faces. Artificial intelligence (AI) can help enhance and assess images of those who allegedly committed crimes.
Unfortunately, AI is not as reliable or accurate as businesses, police departments and investigators might hope. In some cases, people may end up wrongly identified through AI software and could then face inappropriate and unnecessary criminal charges.
How does AI get it wrong?
AI software performing facial recognition scans looks at different biometric information to validate the identity of a person captured by security cameras. In theory, this process should be thorough and relatively accurate. In practice, mistakes have already occurred at major businesses that have led to wrongful arrests.
There was a case at the Peppermill Casino in Reno in 2023 that highlights this exact concern. The AI system used by the casino identified a long-haul trucker at the Peppermill as an individual previously banned from the establishment. Security professionals approached the man, and he produced valid identification (a commercial driver’s license) showing that his name was different.
Additionally, his height and eye color were different than those reported for the person banned from the casino. Despite his valid identification and the clear discrepancies, security professionals proceeded to contact local law enforcement. The officer who arrived repeatedly stated during interactions with both the arrested individual and casino workers that the AI software gets it right most of the time.
This inaccurate belief that AI is always correct led to a wrongful arrest and, allegedly, even physical injuries to the man detained for hours for no reason.
How can a lawyer help?
In cases where the state’s allegations against an individual largely depend on AI biometric analysis and facial recognition technology, a defense attorney can help explain to the courts how frequently these technological systems fail.
An attorney’s advocacy can help show how unreliable facial recognition software actually is. They may be able to establish that there is a lack of probable cause to have arrested the individual, indicating that they may have experienced a wrongful arrest.
The right approach to a criminal case based on facial recognition software could result in the courts dismissing the charges or an acquittal if the case goes to trial. It may even be possible to have a prior conviction overturned as wrongful with the support of an attorney who properly challenges the use of AI facial recognition software.
Those directly affected by a questionable use of AI technology may be in a position to fight their pending charges and exonerate themselves. Working with a criminal defense attorney can potentially help those wrongfully implicated in a crime prove that AI facial recognition software identified the wrong person.
