If you are facing any type of court proceeding in Texas, you may already be stressed. Now, you will need to worry increasingly about the evidence in the case. Deepfakes have already had a negative effect on society as they have caused people to doubt the truth. While fake evidence has always been a problem for court hearings, the issue has gotten much worse as technology has improved.
Deepfakes have become much more common
Now, anyone with a cellphone or a laptop has the wherewithal to manufacture their own fake recordings. These can feature someone’s real voice and image. You can be in a completely doctored video, and others will assume that it is real because it has all the hallmarks of a legitimate piece of evidence. You would be stunned to learn how easy it is for someone to make a contrived recording.
Courts are having problems with fake evidence
The problem is that a judge or jury may fall for the fake. Your lawyer may try to keep it out of court, but there is no guarantee that they will be successful. Depending on the court, there may not even be a requirement for the recording to be authenticated before it is admitted as evidence. Courts struggle to determine what is real, and it is completely understandable why they would be having these problems. It usually takes the judicial system months or years to catch up to new technological developments. If all of this scares you as a participant in the court system, it should.
If you are a defendant in a trial, this is another reason why you need a criminal law attorney to represent you during the proceeding. The attorney knows the process that needs to be used to object to the admission of evidence. Your defense could come down to whether one piece of evidence can be admitted at trial. You may not know on your own how to act to protect your constitutional rights.