AI ETHICS
Endnotes
1. This white paper is intended for all criminal defense attorneys in both public and private sectors. For brevity, criminal defense lawyers will generally be referred to as “defenders” for the remainder of the white paper.
2. “Flattening” refers to a shift away from developing and using distinctly human skills and reasoning toward increased use of and reliance on automation and AI assistance in daily lawyering tasks. This white paper is not suggesting that using automation and AI assistance is inherently harmful to a lawyer’s professional development; rather, it argues that the risk of “flattening” is something all defenders — all lawyers — should be cognizant of as they learn about and use AI tools in their practice.
3. See Alissa Marque Heydari, AI & Prosecution: Mapping the Current and Future Roles of Artificial Intelligence in Prosecution Vanderbilt Project on Prosecution Policy & Policing Project at N.Y.U. Sch. of Law (Dec. 2024).
4. Id. at 5.
5. Krystal Hu, ChatGPT Sets Record for Fastest-Growing User Base , R euters (Feb. 2, 2023), https://www.reuters.com/technology/ chatgpt-sets-record-fastest-growing-user-base-analyst-note-2023-02-01/ .
6. Andrew Perlman, The Implications of ChatGPT for Legal Services and Society , T he P ractice , (Mar./Apr. 2023), https://clp.law.harvard.edu/knowledge-hub/magazine/issues/generative-ai-in-the-legal-profession/the-implications- of-chatgpt-for-legal-services-and-society/ .
7. Jamie Bernstein, Use of Artificial Intelligence-Based Tools by Lawyers in Criminal Advocacy, 31 H ofstra L aw S tudent W orks 1, 9 (2024).
8. Brandon L. Garrett & Cynthia Rudin, The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice , 109 C ornell L. R ev . 561, 565 (2024).
9. Angela Jin & Niloufar Salehi. 2024. (Beyond) Reasonable Doubt: Challenges that Public Defenders Face in Scrutinizing AI in Court . In Proceedings of the 2024 CHI Conference on Human Factors in Computing Systems (CHI ‘24). A ssociation for C omputing M achinery , New York, NY, USA, Article 467, 1–19. https://doi.org/10.1145/3613904.3641902 .
10. Shaila Dewan, Prosecutor Used Flawed A.I. to Keep a Man in Jail, His Lawyers Say , N.Y. T imes , Nov. 28, 2025, https://www.nytimes.com/2025/11/25/us/prosecutor-artificial-intelligence-errors-lawyers-california.html .
11. People v. Smith (2025 IL 130067), Oral Arg. at 40:48-42:39, available at https://www.illinoiscourts.gov/courts/supreme-court/oral-argument-audio-and-video/ .
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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