Arizona court bars AI recreation of victim from sentencing

Summarised from 2 outlets · Updated 15 Oct, 03:32 · Archive

Arizona's Court of Appeals ruled that an AI-generated video of a shooting victim should not have been used in sentencing.

Arizona's Court of Appeals ruled on 30 September that an AI recreation of shooting victim Chris Pelkey should not have been considered when sentencing Gabriel Horcasitas for killing him during a 2021 road rage confrontation in Chandler.

Pelkey's sister, Stacey Wales, wrote a script and used her brother's photos and voice to create an AI avatar. At the sentencing hearing, this avatar appeared to speak directly to Horcasitas, saying 'I believe in forgiveness and in God who forgives.' The appeals court found the video presented the family's imagined version of Pelkey's thoughts as though they came directly from him. The court noted the video 'erases the interpretive distance' between what the family believed he would have said and his own voice and opinions. The fact that the video was identified as AI-made was insufficient, the judges ruled.

The court did not ban artificial intelligence from Arizona courtrooms entirely. Instead, the judges distinguished between AI used to present authentic material and AI used to create thoughts and statements a person never expressed. Criminal defence attorney Josh Kolsrud called the precedent significant because trial court judges must follow appellate court rulings, making this an early guide for how courts nationwide may handle AI evidence.

How it is being reported

• Arizona AI ruling could influence courts nationwideThe Arizona Court of Appeals ruled Sept. 30 that an AI recreation of Chandler shooting victim Chris Pelkey should not have been considered in sentencing the man who killed him.Azfamily · 15 Oct, 02:55
• Arizona AI ruling could influence courts nationwideThe Arizona Court of Appeals ruled Sept. 30 that an AI recreation of Chandler shooting victim Chris Pelkey should not have been considered in sentencing the man who killed him.KOLD · 15 Oct, 02:55

In this story: Arizona Court of Appeals · Chris Pelkey · Gabriel Horcasitas · Stacey Wales · Chandler · Arizona

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