Face Recognition Technology in the Courtroom: Legal challenges and defense strategies

Kaitlin Jackson Roll
Kaitlin Jackson Roll | The Bronx Defenders

Kaitlin is a supervising attorney at the Bronx Defenders, where she has worked for the last eight years. Prior to joining Bronx Defenders, she worked for three years as misdemeanor attorney at the Legal Aid Society of Nassau County.

On-Demand: September 27, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

This program delves into the evolving role of facial recognition software (FRS) within the criminal justice system. Participants will explore the current applications of FRS by law enforcement agencies, including its use in identifying suspects through cellphone cameras, surveillance footage, and social media. The course will dissect the technology behind FRS, explaining its mechanism of comparing probe photos to databases and distinguishing between face verification and face identification. Attendees will gain insight into the limitations and challenges associated with FRS, such as accuracy issues, demographic biases, and the impact of photo editing. Legal considerations for defense attorneys will be highlighted, including strategies for identifying FRS cases, challenging its use in court, and practical steps for investigation and discovery.

Key topics to be discussed:

  • What is facial recognition?
  • Why do police use facial recognition?
  • How does facial recognition work?
  • How accurate is facial recognition?
  • Why is facial recognition hard to challenge in court?
  • What are practical steps defense attorneys can take?

Closed-captioning available

Speakers

Kaitlin Jackson Roll | The Bronx Defenders

Kaitlin is a supervising attorney at the Bronx Defenders, where she has worked for the last eight years. Prior to joining Bronx Defenders, she worked for three years as misdemeanor attorney at the Legal Aid Society of Nassau County.

She also spent two years as a Research Fellow for the National Registry of Exonerations (an organization that aims to provide accessible and comprehensive information about wrongful convictions). Her main research focus at the Registry was police & prosecutor misconduct. She presented her research findings at the Innocence Network Conference in both 2015 and 2016. She has contributed to numerous reports about wrongful convictions. She received her J.D. from the University of Michigan Law School.

Agenda

I. What is facial recognition? | 12:00pm – 12:20pm

II. Why do police use facial recognition? | 12:20pm – 12:40pm

  • Identifying FRS Cases
  • Frequency of use (and differences across jurisdictions)
  • What don’t we know

III. How does facial recognition work? | 12:40pm – 1:00pm

Break | 1:00pm – 1:10pm

IV. How accurate is facial recognition? | 1:10pm – 1:30pm

  • Accuracy issues
  • Editing concerns
  • Demographic bias
  • Changing faces

V. Why is facial recognition hard to challenge in court? | 1:30pm – 1:50pm

  • Technology moves faster than the law can keep up
  • The state isn’t trying to admit facial recognition

VI. What are practical steps defense attorneys can take? | 1:50pm – 2:10pm

  • Discovery challenges
  • Motion & hearing practice
  • Thinking creatively!

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 Technology

Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 Law and Legal

Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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