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Artificial intelligence now influences nearly every stage of the criminal process—from data driven policing and digital forensics to sentencing algorithms. Yet the opacity of these tools raises urgent questions about fairness, accountability, and the right to a transparent defense. This symposium explores the ethical and evidentiary implications of AI in criminal law, focusing on algorithmic bias, trade secrets, police surveillance, and the tension between technological innovation and constitutional protections.
LOCATION: American University’s Washington College of Law, Washington, DC
DATE: Thursday, February 5, 2026
COST: FREE, Registration Required
CLE Credit: Not available
Seminar Venue:
American University’s Washington College of Law
4300 Nebraska Ave NW
Washington, DC 20016
Questions? Contact Julian Wallace jwallace@nacdl.org, 202-465-7652
Agenda
The program agenda and faculty are subject to change.
| Thursday, February 5, 2026 | |
|---|---|
| 7:30 am | Registration |
| 8:00 am | Refreshments |
| 8:30 am | Opening Remarks |
| 9:00 am | Algorithmic Power and Carceral Expansion: AI, Markets, and the Privatization of State Authority – Amba Kak Description: Explores how privately developed AI systems are reshaping how the state exercises power in the criminal legal system. This opening session will examine the political economy of AI, including vendor influence, procurement practices, proprietary algorithms, and the implications for democratic accountability, constitutional rights, and defense advocacy. |
| 9:30 am | Beyond “Neutral Tools”: Ethical Limits of AI in the Criminal Legal System – Amba Kak, Michael Ralph and Megan Graham Description: AI is often presented as objective and efficiency-enhancing, but its deployment occurs within a system marked by deep structural inequality. This panel interrogates ethical frameworks for deploying AI in criminal legal contexts, focusing on bias, opacity, automation bias, due process, and whether some uses of AI are fundamentally incompatible with justice. |
| 10:30 am | Toward Model AI Ethics Guidelines for Defense Lawyers - Katherine Tang Newberger Description: As AI increasingly shapes both defense practice and the evidence used against clients, defense lawyers face new ethical challenges. This session focuses on developing model ethics guidelines addressing competence, confidentiality, and client consent. |
| 10:45 am | Break |
| 11:00 am | Keynote Presentation - Timnit Gebru and Jumana Musa |
| 12:00 pm | Lunch Break |
| 1:30 pm | What’s in the Black Box?: Litigation and Practice Challenges of AI in Criminal Cases - Maneka Sinha, Rebecca Wexler and Elizabeth Daniel Vasquez Description: This practice-oriented panel examines how AI appears in everyday criminal cases and the obstacles it creates for defense attorneys. Topics include discovery and disclosure, trade secret claims, admissibility, expert testimony, and strategies for cross-examining and contesting AI-generated or AI-assisted evidence. |
| 2:30 pm | When Machines Certify Death: AI, Forensic Pathology, and Evidentiary Reliability - Dr. Jay Stahl Herz Description: AI is increasingly incorporated into forensic pathology despite a lack of regulations on its use. This session examines how AI may amplify existing forensic weaknesses, raising questions about notice, validation, bias, error rates, and admissibility. |
| 2:50 pm | Break |
| 3:15 pm | Watching Kids: AI, Youth Surveillance, and Criminalization - Shreya Tewari, Nila Bala, Lia Epperson, Clarence Okoh Description: Young people are increasingly subject to AI-driven surveillance through schools, social media monitoring, and predictive systems. This panel explores how these technologies affect privacy, autonomy, and pathways into the criminal legal system, with particular attention to racialized impacts and long-term consequences for youth. |
| 4:15 pm | Seminar Adjourns |
Faculty
Coming soon...
Code of Conduct
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