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Criminal Defense
A recent blog post advocating using Artificial Intelligence (“AI”) to “automate” criminal appeals instead raises the concern that common flaws in contemporary judicial decision-making will only get worse if we cede legal writing to AI Large Language Models. The post analyzes an appellate decision interpreting the federal sentencing guidelines in which all three (human) judges reach the startling conclusion that their decision is incorrect under the guidelines themselves. That conclusion is deeply flawed—the court was not bound to reach the wrong result—but at least the judges understood the result was wrong, which leaves an ember of hope that another court will get it right. AI, by contrast, likely would magnify the errors that led a succession of human judges astray. Read more

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