Document Type
Article
Publication Date
5-2026
Abstract
Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.
Disciplines
Administrative Law | Criminal Procedure | Evidence | Law | Science and Technology Law
Recommended Citation
Rebecca Wexler,
Metrics Not Thresholds: How to Regulate AI and Other Expert Methods for Use in Criminal Investigations and Proceedings,
8
J. L. & Innovation
82
(2026).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4798
Included in
Administrative Law Commons, Criminal Procedure Commons, Evidence Commons, Science and Technology Law Commons