NACDL Training and Resource Counsel Clare Garvie has authored a new report titled A Forensic Without the Science: Facial Recognition in U.S. Criminal Investigations. Designed as a resource for defense attorneys, advocates, and the public, it outlines how police face recognition searches are prone to error from under-performing algorithms, the lack of training and cognitive biases of the “human in the loop,” and the interactions between both human and machine. It argues for Brady disclosure of face recognition search information and against the introduction of the technology as evidence in court, showing how face recognition overwhelmingly fails the standards for admissible scientific evidence and testimony. The webpage contains additional resources including a brief, motion, affidavit, and sample discovery motion.
North Carolina Office of Indigent Defense Services