Prosecutor Used Flawed A.I. to Keep a Man in Jail, His Lawyers Say; The New York Times, November 25, 2025

Shaila Dewan, The New York Times ; Prosecutor Used Flawed A.I. to Keep a Man in Jail, His Lawyers Say

"On Friday, the lawyers were joined by a group of 22 legal and technology scholars who warned that the unchecked use of A.I. could lead to wrongful convictions. The group, which filed its own brief with the state Supreme Court, included Barry Scheck, a co-founder of the Innocence Project, which has helped to exonerate more than 250 people; Chesa Boudin, a former district attorney of San Francisco; and Katherine Judson, executive director of the Center for Integrity in Forensic Sciences, a nonprofit that seeks to improve the reliability of criminal prosecutions.

The problem of A.I.-generated errors in legal papers has burgeoned along with the popular use of tools like ChatGPT and Gemini, which can perform a wide range of tasks, including writing emails, term papers and legal briefs. Lawyers and even judges have been caught filing court papers that were rife with fake legal references and faulty arguments, leading to embarrassment and sometimes hefty fines.

The Kjoller case, though, is one of the first in which prosecutors, whose words carry great sway with judges and juries, have been accused of using A.I. without proper safeguards...

Lawyers are not prohibited from using A.I., but they are required to ensure that their briefs, however they are written, are accurate and faithful to the law. Today’s artificial intelligence tools are known to sometimes “hallucinate,” or make things up, especially when asked complex legal questions...

Westlaw executives said that their A.I. tool does not write legal briefs, because they believe A.I. is not yet capable of the complex reasoning needed to do so...

Damien Charlotin, a senior researcher at HEC Paris, maintains a database that includes more than 590 cases from around the world in which courts and tribunals have detected hallucinated content. More than half involved people who represented themselves in court. Two-thirds of the cases were in United States courts. Only one, an Israeli case, involved A.I. use by a prosecutor."

Justice Department ends limiting compassionate release in plea deals after NPR story; NPR, March 11, 2022

 Carrie Johnson, NPR; Justice Department ends limiting compassionate release in plea deals after NPR story

"The Justice Department is directing prosecutors to stop limiting defendants' ability to seek compassionate release in most federal plea agreements, after advocates criticized the practice as cruel and against the intent of Congress.

DOJ officials handed down the order a month after an NPR story detailed the practice, which curtailed peoples' ability to petition for release from prison because of severe illness or other extraordinary circumstances. That story drew the attention of Attorney General Merrick Garland who this week said it seemed "wrong" and pledged to fix the issue...

The compassionate release program has become a crucial lifeline for people in prison during the coronavirus pandemic, even if the petitions are still granted rarely."