Oregon criminal defendants face a growing threat in the form of deepfakes. Those who spend time on Twitter and Facebook are well familiar with the quality of fake recordings. They have improved to the point where the viewer, often, cannot tell the real from the fake. This is a serious problem in a trial that depends on a recording.

The problem is that the technology has improved to the point where many more people have the ability to make their own fake recording. One can take someone else’s image and voice and doctor a complete video that seems real. Then, others will have difficulty discerning that it is a fake. The issue comes when this is being introduced as evidence into a criminal case. There is a very serious threat that one can be convicted on the basis of fake evidence.

There is a further difficulty when a defendant wants to introduce evidence on their own behalf that can exonerate them from the charges that they face. Their attorney may have some trouble getting the court to admit the evidence into the record since the judge and prosecutor may have their own suspicion about the legitimacy of the evidence. Thus, deepfakes present a serious problem for courts because people may doubt what is real or trust what is fake. Either way, defendants end up suffering.

When a trial has evidentiary issues, the help of an attorney with experience in the criminal justice system and criminal defense matters is vital. Defendants may simply not know that they can object to evidence that the prosecutor seeks to introduce. An attorney may handle this issue by filing a motion in limine with the court to keep this evidence out of the trial. They may also seek to authenticate evidence before it is admitted.