AI could destroy entire justice system by sending innocent people to JAIL with fake CCTV, Making a Murderer lawyer warns
Katie Davis
David Rivers
Published: Invalid Date,
AI could wreak havoc in the justice system by sending innocent people to jail, a top lawyer has warned.
Jerry Buting, who defended Steven Avery in Netflix hit Making a Murderer, said video doctoring is becoming so sophisticated it is increasingly hard to spot.
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He believes advanced AI convincingly fabricating evidence could lead to innocent people being thrown behind bars.
Buting, author of Illusion of Justice, told The Sun: 'More and more people could get convicted.'
Deepfake technology is becoming worryingly advanced and exceedingly more difficult to regulate.
Experts have previously told The Sun that deepfakes are the "biggest evolving threat" when it comes to cybercrime.
Deepfakes are fraudulent videos that appear to show a person doing - and possibly saying - things they did not do.
Artificial intelligence-style software is used to clone the features of a person and map them onto something else.
It could see people accused of crimes they didn't commit in a chilling echo of BBC drama The Capture.
The show saw a former British soldier accused of kidnap and murder based on seemingly definitive CCTV footage which had actually been altered.
Buting said: "The tricky part is when AI gets to the point where you can doctor evidence without it being obvious, where you can alter videos.
'There are so many CCTV cameras in the UK, virtually every square foot is covered.
Deepfakes: A Digital Threat to Society
'But if that could be altered in some way so that it is designed to present something that's not true, it could be damaging to the defence or prosecution.
"Then what can we believe if we can't believe our own eyes?'
Buting, who defended Avery in his now infamous 2007 murder trial, said AI is now in a race with experts who are being trained to tell the difference.
But the US-based criminal defence lawyer claims that is no guarantee to stop sickos twisting the truth.
Buting claimed: 'It may result in dismissals but I think it's more likely to result in wrongful convictions because law enforcement and the prosecution just have more resources.
"Nobody really knows how AI is going to impact the justice system.
"But there are also very skilled people who are trying to develop techniques of being able to tell when something has been altered, even at a sophisticated level.
"How AI actually affects the legal system is still very much up in the air.
Deepfakes – what are they, and how do they work?
Here's what you need to know...
Deepfakes are phoney videos of people that look perfectly real
They're made using computers to generate convincing representations of events that never happened
Often, this involves swapping the face of one person onto another, or making them say whatever you want
The process begins by feeding an AI hundreds or even thousands of photos of the victim
A machine learning algorithm swaps out certain parts frame-by-frame until it spits out a realistic, but fake, photo or video
In one famous deepfake clip, comedian Jordan Peele created a realistic video of Barack Obama in which the former President called Donald Trump a 'dipsh*t'
In another, the face of Will Smith is pasted onto the character of Neo in the action flick The Matrix. Smith famously turned down the role to star in flop movie Wild Wild West, while the Matrix role went to Keanu Reeves
"If people are able to discover that evidence has been altered, let's say it's a situation where the defence has an expert who can look at the metadata and all the background, then that may very well result in a dismissal of the case, and should.
'Because the evidence was altered, it's original destroyed, how can we believe anything anymore?"
Former White House Information Officer Theresa Payton previously warned The Sun about the huge risks deepfakes pose to society.
She said: "This technology poses risks if misused by criminal syndicates or nation-state cyber operatives.
"Malicious applications include creating fake personas to spread misinformation, manipulate public opinion, and conduct sophisticated social engineering attacks."
In Black Mirror style, Payton warned malicious actors could exploit this technology to sow confusion and chaos by creating deepfakes of world leaders or famous faces - dead or alive.
Buting warned that although teams are being urgently equipped with skills to spot deepfakes, the pace at which the technology is advancing could soon become a real issue.
Who is Steven Avery?
STEVEN Avery is serving a life sentence at Wisconsin's Waupun Correctional Institution.
He and his nephew Brendan Dassey were convicted of the 2005 murder of Teresa Halbach.
He has been fighting for his freedom ever since he was found guilty of murder in 2007.
Avery argued that his conviction was based on planted evidence and false testimony.
In 1985, Avery was falsely convicted of sexually assaulting a young female jogger.
It took 18 years for his conviction to be overturned and he was given a $36million (£28.2million) payout in compensation.
But days later, he was re-arrested for the murder of Teresa Halbach.
The 62-year-old is continuing serving life in prison without the possibility of parole.
In the 2015 Netflix original series Making a Murderer, Avery documented his struggle for "justice."
In the last episode of the series, viewers were told that Avery had exhausted his appeals and was no longer entitled to state-appointed legal representation.
He added: 'I do fear it could be an issue sooner rather than later.
"There has been a steady erosion in the defence in the UK, for example barristers make very little money, really, for what they have to do.
'There is a real imbalance. The whole idea of an adversary system which the UK employs as do we in the US, is if you have two relatively skilled, equal parties on each side presenting their view of the evidence against the others that the truth will come out.
'Or that the jury will be able to discern the truth or close to it in anyway, whatever justice might be.
'But to the extent that there is this big imbalance and the defence is unskilled or underpaid, then you tend to get lower quality or lower experienced attorneys.
'That's been going on for a long time, so then when you add something like AI to it, it's going to be even harder."
Buting became internationally renowned after appearing on the 2015 Netflix documentary series Making a Murderer.
He alleged Avery had been convicted of a murder he didn't commit, falling foul of a set-up.
But Avery, now 62, was found guilty and is serving a life sentence for the murder of Teresa Halbach in 2005.
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A body was found and a woman has been charged with murder NEW EVIDENCE? Daughter reveals chilling phone call made hours after mum vanished 15 years ago – as cops find body buried in garden Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A MYSTERY phone call could prove vital in cracking the cold case of a mum who vanished 15 years ago, The Sun can reveal. Izabela Helena Zabłocka went missing in August 2010, aged 30, after moving to Derbyshire from Poland the previous year. 9 Missing mum Izabela Zabłocka and her daughter Kasia Credit: Kasia Zabłocka 9 Izabela left Poland in 2009 to work in Derby Credit: PA 9 Police launched a murder investigation and said they found human remains Credit: Splash 9 But an investigation wasn't opened by British cops until last month, thanks to a baffling miscommunication gaffe. 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Asked if whilst working in other countries he recognised blindsides in local cops' working, he said: 'I did, which is why I was called in so often to help foreign law enforcement with their cases.' The existence of the likes of Europol, Interpol and the National Crime Agency designed to help police communicate internationally, it may appear archaic that a case like Izabela's can fall through the cracks. 'They can only be effective if the liaison through different countries is good,' said Mr Bleksley. 'In this case, it was appalling to the extent of being non-existent. 'If the Polish police had done their job properly, this case would've been solved years ago.' Asked if it is likely there will be some kind of watchdog probe into what went wrong in Poland, Mr Bleksley said: 'That I don't know, that would be a matter for the family, I'm sure for any forces in the UK, litigation would be pursued, of course, not to mention the complaints procedure. 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I wrote to the Embassy of the Republic of Poland in London, and they wrote back that they would check the prisons in England and Wales, but I did not receive any information on whether this was actually checked." The 25-year-old had hoped her mum had simply decided to start a new life, and she would suddenly appear with a new identity. However, those hopes were quashed when murder arrests were made, with Kasia admitting: "I'm very upset by the news I've received, and I'm so sorry that I received this message and not another one. "I've been looking for her for 15 years, and I hope I finally find out the truth." Izabela's last movements 2009 Izabela moves to the UK from Poland 2010 The factory worker is living in Princes Street, Normanton August 28, 2010 She contacts her family for the last time before she vanishes May 2025 Derbyshire Police launch a fresh appeal for information and launch a murder investigation May 28 Two women, aged 39 and 43, as well as a 41-year-old man, are arrested and released on bail June 2 Human remains are found in a garden of a house on the street where Izabela lived June 3 A 39-year-old woman, who was previously arrested on suspicion of murder, is rearrested June 6 Anna Podedworna, 39, has now been charged with murder, preventing a lawful burial and perverting the course of justice Two other women aged 39 and 43, and two men aged 41 and 48, were arrested on suspicion of murder and all remain on police bail pending further inquiries Detective Inspector Kane Martin, who is leading the investigation, said after the body was found: 'Izabela's family are at the forefront of our minds following this discovery and, whilst formal identification has not yet taken place, it is our belief that these remains do belong to Izabela." Mr Martin went on to say: 'We have spoken with Izabela's family in Poland, and they are aware. Our thoughts are with them at this extremely difficult time. 'Identification of the remains is likely to be a lengthy process, but we will issue updates when we are able. 'I know that reports of these findings will send shockwaves through the local community, and I understand the concern of residents. 'Officers will remain in Princes Street in the coming days, and anyone with concerns is encouraged to speak with them." DI Martin explained that a "dedicated team of detectives" would continue their investigation to "piece together information" about the days leading up to Izabela's death. Izabela worked at the former Cranberry Foods chicken and turkey factory in Scropton, around 10 miles west of Derby. Crimestoppers is offering up to £20,000 for exclusive information relating to the investigation that leads to a conviction, with the reward valid for three months until August 27. Anyone with information can contact the charity via its website, or by calling 0800 555 111. Do you know more? Email 9 Cops began searching Princes Street in Derby after making three arrests Credit: Google
