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Judges should not throw up their hands and “leave it to the jury” but must grapple with hard scientific issues in advance of trial.
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Fingerprint analysis has been accepted, without question, by American courts for over a century. And it is part of our cultural bloodstream.
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Instead of framing the question in terms of whether AI conversations will appear in litigation, practitioners should be asking whether their clients are prepared.
The law is still catching up to the speed and cruelty of this harm.
The lesson for defendants and their counsel is clear. Complacent belief in one’s own innocence does not excuse the failure to search business records under one’s own control.
The dismissal or rush to judgment of such cases impacts far more than simple courthouse procedure. When trial courts remove these cases from the jury, they do more than clear their dockets. They strip juries of their core function: deciding disputed facts. They also deny parties the right to have those disputes heard by a jury.
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