Weekend Times


Google Workspace

Business News

Why a US court allowed a dead man to deliver his own victim impact statement – via an AI avatar

  • Written by James D Metzger, Senior Lecturer in Law & Justice, UNSW Sydney
Why a US court allowed a dead man to deliver his own victim impact statement – via an AI avatar

In November 2021, in the city of Chandler, Arizona, Chris Pelkey was shot and killed by Gabriel Horcasitas[1] in a road rage altercation.

Horcasitas was tried and convicted[2] of reckless manslaughter.

When it was time for Horcasitas to be sentenced by a judge, Pelkey’s family knew they wanted to make a statement – known as a “victim impact statement[3]” – explaining to the judge who Pelkey had been when he was alive.

They found they couldn’t get the words right.

The solution for them turned out to be having Pelkey speak for himself by creating an AI-generated avatar that used his face and voice, allowing him to “talk” directly to the judge.

In Arizona, a judge allowed an AI avatar of a deceased crime victim to “read” an impact statement.

This marked the first time a United States court had allowed an AI-generated victim to make this kind of beyond-the-grave statement, and likely the first time something like this had occurred anywhere in the world.

How was the AI avatar made and received?

The AI avatar was created by Pelkey’s sister Stacey Wales and her husband Tim, with Stacey writing the words “spoken” by Pelkey – words that were not taken from anything he actually said when he was alive but based on what she believed he would have said.

Stacey Wales explained how she came to create an AI video of her brother to allow him to deliver his own victim impact statement.

The avatar was created by using samples of Pelkey’s voice from videos that had been recorded before his death and photos the family had of him – specifically a photo used at his funeral.

In the video, Pelkey “says” he believes in forgiveness and “a God who forgives”, and that “in another life” he and Horcasitas could have been friends.

After the video was played in court, Judge Todd Lang, who had allowed the AI statement to be delivered, stated he “loved” the AI, adding he “heard the forgiveness” contained in it. He further stated he felt the forgiveness was “genuine”.

Judge Todd Lang’s reaction to Chris Pelkey’s AI victim impact statement.

In the end, Horcasitas was sentenced to the maximum of ten-and-a-half years – more than the nine years the prosecution was seeking but equal to what Pelkey’s family asked for in their own victim impact statements.

Could this happen in Australia?

In general, court rules are similar across Australian states and territories and it would be unlikely these technological advances would be acceptable in Australian sentencing courts.

These rules allow victims or their families to read their statement to courts, but this is limited to written statements usually edited by the prosecution, although victims may include drawings and photos[4] where approved.

A victim will generally read their own statement to the court. However, where the victim has died, family members can make a statement speaking to their own trauma and loss.

Sometimes victims ask the prosecutor to read their statement, or the prosecutor merely hands over a written statement to the judge.

To date, no Australian court has permitted family members to speak for the deceased victim personally and family members are generally limited to describing harms they have directly suffered.

Victims may also be cross-examined by defence counsel on the statements’ content.

Creating an AI avatar would be time-consuming and expensive for prosecutors to edit. Cross-examination by the defence would be impossible.

Compared to the US, there is generally far less tolerance in Australian courts for dramatic readings of statements or using audio-visual materials.

In the US, victims enjoy greater freedom to invoke emotions, explore personal narratives and even show videos of the deceased, all to give the court a better sense of the victim as a person.

The use of an AI avatar, therefore, is not too far from what is already allowed in most US courts.

Despite these allowances, there is still concern[5] the emotional impact of a more direct statement from an AI victim could be used to manipulate the court by putting words into the victim’s virtual mouth.

As can be seen in the Arizona sentencing, Judge Lang was clearly affected by the emotions generated by the AI Pelkey.

Changes to Australian law would be needed to ban use of AI recordings specifically. But even without such changes, Australian sentencing practice is already so restrictive as to essentially preclude such technology.

It seems Australia is some ways from joining Arizona in allowing an AI avatar of a deceased person speaking from “beyond the grave”.

References

  1. ^ Chris Pelkey was shot and killed by Gabriel Horcasitas (www.cbsnews.com)
  2. ^ tried and convicted (www.12news.com)
  3. ^ victim impact statement (www.victimsofcrime.vic.gov.au)
  4. ^ may include drawings and photos (legislation.nsw.gov.au)
  5. ^ still concern (abcnews.go.com)

Authors: James D Metzger, Senior Lecturer in Law & Justice, UNSW Sydney

Read more https://theconversation.com/why-a-us-court-allowed-a-dead-man-to-deliver-his-own-victim-impact-statement-via-an-ai-avatar-259045

The Weekend Times Magazine

Lifestyle Awnings – Bringing Style and Comfort to Melbourne Outdoor Living

Melbourne homeowners are always looking for ways to make better use of their outdoor areas. Whether it's entertaining, relaxing, or adding value to the property, installing Lifestyle Awnings is one of...

Effective Pest Control Solutions in Ballarat: What You Need to Know

Living in Ballarat means enjoying a beautiful regional lifestyle, but it also comes with its share of challenges—one of which is managing pests. From termites threatening your home’s structure to...

Australian holiday deals from Accor

For travellers looking to escape their cabin fever and embark on a holiday closer to home, Accor has released a range of state-by-state accommodation deals.   If you’re yearning for a change...

A Fantastic Trip To Melbourne, Australia With Minimal Spending? Here’s How?

Famed for the iconic Melbourne cup horse race, Melbourne, Australia ranks as one of the best travel destinations worldwide. It offers tourists an escape from the hustle and bustle of...

First Time Down Under: What to Do in Melbourne

Image Source Melbourne is often the first stop for travelers arriving in Australia, and it makes an excellent introduction to life Down Under. Known for its welcoming atmosphere, creative energy, and...

5 Top-Rated Tourist Attractions in Australia

Australia is an interesting country that has a spectacular beauty in the form of ancient rainforests, vibrant cities, sand islands, and turquoise beaches. Moreover, the people there are friendly and...

Prime Minister Press Conference Australian Parliament House

PRIME MINISTER: Good afternoon everyone. Today's meeting of the National Cabinet came during a week of what I'd describe of increased hope. This was a week of hope. We were...

Weekend getaways from Perth

You Are in Perth, Australia and You Want to Get Away for the Weekend: What Are the Options? Perth is one of the most isolated cities in the world, but that...

Creating Dream Backyards with Professional Pool Builders Sydney

In a city like Sydney, where outdoor living is central to daily life, having a well-designed pool can transform a property into a private retreat. This is why homeowners turn...