AI ETHICS will be true. 17 Either way, the benefits of AI depend on who can access and effectively use the technology. Without deliberate efforts to ensure equitable access, “the realization of any combination of these two-tiered systems” risks widening rather than narrowing the justice gap. 18 These concerns matter to NACDL, which has long engaged with emerging technologies through its Fourth Amendment Center and related programming, but has a strong commitment to increasing access to justice. Finally, NACDL believes “Justice is Green” and remains committed to environmental sustainability. AI systems — particularly large language models — consume substantial electricity and water, with research suggesting that “by 2030, the current rate of AI growth would annually put 24 to 44 million metric tons of carbon dioxide into the atmosphere, the emissions equivalent of adding 5 to 10 million cars to U.S. roadways” and “equal to the annual household water usage of 6 to 10 million Americans.” 19 Defenders should consider these environmental costs when selecting and deploying AI tools, consistent with NACDL’s commitment to reducing its carbon footprint while pursuing a more just criminal legal system. The tools and platforms discussed in this whitepaper are cited as illustrative examples only. Their inclusion does not constitute an endorsement of any particular product, vendor, or service provider, nor does it imply that the tools described are superior to alternatives not discussed. C. Timeline for Implementation
Defense lawyers should aim to implement formal AI use policies within one year. However, the rapid pace of technological change may require interim safeguards sooner. To meet the goal of developing and implementing AI policies within a year, defenders must start the process now by:
1. Understanding the basic capabilities and limitations of both generative and non-generative AI tools, and identifying tools that may enhance client representation within their practice.
2. Inventorying current AI usage (if any) in their offices and how AI is being used.
3. Drafting an enterprise-level AI use policy.
4. Training all necessary staff on internal policies related to the use of AI tools.
5. Reviewing any standing orders or local rules in their jurisdictions that govern AI use, and learning how prosecutors in a given jurisdiction are currently using AI tools in practice.
The model AI Use Policy provided in Appendix A offers a starting framework that practitioners can adapt to their specific circumstances.
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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