Face Recognition Technology in the Courtroom: Legal challenges and defense strategies

Kaitlin Jackson Roll
Kaitlin Jackson Roll | The Bronx Defenders

Kaitlin is a supervising attorney at the Bronx Defenders, where she has worked for the last eight years. Prior to joining Bronx Defenders, she worked for three years as misdemeanor attorney at the Legal Aid Society of Nassau County.

On-Demand: September 27, 2024

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2 hour CLE
Tuition: $195.00
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Program Summary

This program delves into the evolving role of facial recognition software (FRS) within the criminal justice system. Participants will explore the current applications of FRS by law enforcement agencies, including its use in identifying suspects through cellphone cameras, surveillance footage, and social media. The course will dissect the technology behind FRS, explaining its mechanism of comparing probe photos to databases and distinguishing between face verification and face identification. Attendees will gain insight into the limitations and challenges associated with FRS, such as accuracy issues, demographic biases, and the impact of photo editing. Legal considerations for defense attorneys will be highlighted, including strategies for identifying FRS cases, challenging its use in court, and practical steps for investigation and discovery.

Key topics to be discussed:

  • What is facial recognition?
  • Why do police use facial recognition?
  • How does facial recognition work?
  • How accurate is facial recognition?
  • Why is facial recognition hard to challenge in court?
  • What are practical steps defense attorneys can take?

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Kaitlin Jackson Roll | The Bronx Defenders

Kaitlin is a supervising attorney at the Bronx Defenders, where she has worked for the last eight years. Prior to joining Bronx Defenders, she worked for three years as misdemeanor attorney at the Legal Aid Society of Nassau County.

She also spent two years as a Research Fellow for the National Registry of Exonerations (an organization that aims to provide accessible and comprehensive information about wrongful convictions). Her main research focus at the Registry was police & prosecutor misconduct. She presented her research findings at the Innocence Network Conference in both 2015 and 2016. She has contributed to numerous reports about wrongful convictions. She received her J.D. from the University of Michigan Law School.

Agenda

I. What is facial recognition? | 12:00pm – 12:20pm

II. Why do police use facial recognition? | 12:20pm – 12:40pm

  • Identifying FRS Cases
  • Frequency of use (and differences across jurisdictions)
  • What don’t we know

III. How does facial recognition work? | 12:40pm – 1:00pm

Break | 1:00pm – 1:10pm

IV. How accurate is facial recognition? | 1:10pm – 1:30pm

  • Accuracy issues
  • Editing concerns
  • Demographic bias
  • Changing faces

V. Why is facial recognition hard to challenge in court? | 1:30pm – 1:50pm

  • Technology moves faster than the law can keep up
  • The state isn’t trying to admit facial recognition

VI. What are practical steps defense attorneys can take? | 1:50pm – 2:10pm

  • Discovery challenges
  • Motion & hearing practice
  • Thinking creatively!
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