this post was submitted on 08 May 2025
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This isn't a message from the victim. This is a message from his sister using his image as a way to increase the impact of her statement in court.
This is a bad thing, this is manipulating the court with a false and confusing message.
The worse is everybody knows, including the judge, but they still chose to accept it.
Reading a bit more, during the sentencing phase in that state people making victim impact statements can choose their format for expression, and it's entirely allowed to make statements about what other people would say. So the judge didn't actually have grounds to deny it.
No jury during that phase, so it's just the judge listening to free form requests in both directions.
It's gross, but the rules very much allow the sister to make a statement about what she believes her brother would have wanted to say, in whatever format she wanted.
Thanks for the additional context.
It's a little weird that they get to speak for the dead like that
If gasping at video of real events is grounds for a mistrial, then so is fabricated statements intended to emotionally manipulate the court. It's ludicrous that this was allowed and honestly is grounds to disbar the judge. If he allows AI nonsense like this, then his courtroom can not be relied upon for fair trials.
The victim impact statement isn’t evidence in the trial. The trial has already wrapped up. The impact statement is part of sentencing, when the court is deciding what an acceptable punishment would be. The guilty verdict has already been made, so the rules surrounding things like acceptable evidence are much more lenient.
The reason she wasn’t allowed to make a scene during the trial is because the defense can argue that her outburst is tainting the jury. It’s something the jury is being forced to witness, which hasn’t gone through the proper evidence admission process. So if she makes a scene, the defense can say that the defendant isn’t being given a fair trial because inadmissible evidence was shown to the jury, and move for a mistrial.
It sounds harsh, but the prosecutor told her to be stoic because they wanted the best chance of nailing the guy. If she threw their case out the window by loudly crying in the back of the courtroom, that wouldn’t be justice.
This is just weird uninformed nonsense.
The reason that outbursts, like gasping or crying, can cause a mistrial is because they can unfairly influence a jury and so the rules of evidence do not allow them. This isn't part of trial, the jury has already reached a verdict.
Victim impact statements are not evidence and are not governed by the rules of evidence.
More nonsense.
If you were correct, and there were actual legal grounds to object to these statements then the defense attorney could have objected to them.
Here's an actual attorney. From the article:
Seems like a great way to provide the defendant with a great reason to appeal
I’d really like to hope that this is a one off boomer brained judge and the precedent set is this was as stupid an idea as it gets, but every time I think shot can’t get dumber…
Boomer here. Don't assume we all think the same. Determining behavior from age brackets is about as effective as doing it based on Chinese astrology (but I'm a Monkey so I would say that, wouldn't I?)
The judge's problem is being a nitwit, not what year they were born in.
OK boomer. (LOL)
Yeah a fiction has no place in a courtroom. If we can upload maybe we can revisit but this is just stupid.
Just to be clear, they were fully transparent about it:
However, I think the following is somewhat misleading:
I have mixed feelings about the whole thing. It seems that the motivation was genuine compassion from the victim's family, and a desire to honestly represent victim to the best of their ability. But ultimately, it's still the victim's sister's impact statement, not his.
Here's what the judge had to say:
I am concerned that it could set a precedent for misuse, though. The whole thing seems like very grey to me. I'd suggest everyone read the whole article before passing judgement.
These, especially the second, cross the line imo. The judge acknowledges it's AI but is acting like it isn't, and same for the sister especially.
Your emotions don't always line up with "what you know" this is why evidence rules exist in court. Humans don't work that way. This is why there can be mistrials if specific kinds of evidence is revealed to the jury that shouldn't have been shown.
Digital reenactments shouldn't be allowed, even with disclaimers to the court. It is fiction and has no place here.
Sure, but not for victim impact statements. Hearsay, speculation, etc. have always been fair game for victim impact statements, and victim statements aren't even under oath. Plus the other side isn't allowed to cross examine them. It's not evidence, and it's not "testimony" in a formal sense (because it's not under oath or under penalty of perjury).
Victim statements to the court are always emotionally manipulative. It's akin to playing a video of home movies of the deceased, and obviously the judge understands that it is a fictitious creation.
No, this is exactly why it shouldn't be allowed. This isn't akin to playing a video of home movies because this is a fake video of the victim. This is complete fiction and people thinking it's the same thing is what makes it wrong.
It is like a home movie in that it is an attempt to humanize the victim. There is no evidence in a home movie, no relevant facts, just an idea of the person that's gone. You're right that one is a memory of something that happened while the other is a fabrication of something that might have happened, but they are both equally (ir)relevant and emotionally manipulative. Many jurisdictions do prohibit victim statements beyond a written or verbal testimony. Some countries and states require you to use a form and won't admit statements that do not adhere to the form.
Also remember that this is for the judge, not a jury.
Agreed. Until we get full, 100% complete UIs like in Pantheon, this is just Photoshop and a voice synthesizer on crack (not literally, this is an analogy).