Presenter: Marc Canellas (Assistant Public Defender, Forensics Division, Maryland Office of the Public Defender).

Software- and AI-generated evidence is becoming the most common and powerful evidence in the criminal legal system. These technologies are proliferating throughout the U.S., including probabilistic genotyping systems (e.g., STRmix and TrueAllele), forensic DNA phenotyping (e.g., Parabon), face recognition systems, firearms forensics software (e.g., Cadre), among others. While prosecutors, forensic analysts, and even courts, will proclaim these technologies are objective, scientific, and reliable, those opinions are based more on faith than evidence. This session will help attendees understand multiple bases for challenging software- and AI-generated evidence: the expert testifying is unqualified, the evidence is unreliable foundationally or as applied, the defendant has been unable to properly confront the software or the proper witness under the Confrontation Clause, the failure to disclose Brady material, and the lack of Due Process.

This program is intended for criminal and family court defense attorneys, as well as other members of the defense team.

NYSDA has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York (2022–2025) in traditional and nontraditional formats. This transitional/nontransitional program has been approved for 1.5 credit hours in accordance with the requirements of the Continuing Legal Education Board. No CLE credit may be earned for repeat attendance at any accredited CLE activity.