The Department of Veteran Affairs is already using artificial intelligence and automated tools to enhance the clinical experience for veterans, but lawmakers cautioned VA to carefully adopt emerging technologies in ways that can serve as a framework for the broader healthcare community.
Justice Melissa Hart speaks during oral arguments at the Colorado Supreme Court's "Courts in the Community" event on May 9, 2024 at Central High School in Pueblo. (Photo by Jerilee Bennett, The Gazette)
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From left, Colorado Supreme Court Justices William W. Hood III, Melissa Hart and Maria E. Berkenkotter listen to an argument during a Courts in the Community session held at Pine Creek High School in Colorado Springs on Thursday, Nov. 17, 2022. (The Gazette, Parker Seibold)
Justice Melissa Hart suggested on Friday that police officers interrogating suspects in custody should recognize the "very, very thin line" they walk by making misleading representations during questioning, running the risk that courts will find the suspect's confession involuntary.
"Bottom line: Officers should, I think, tread carefully when they are thinking about whether to use misrepresentation to try to induce someone to confess. Because the line is so hard to draw," said Hart, speaking at the 2024 appellate practice update sponsored by the Colorado Bar Association.
Her remarks centered on a June 2023 decision by the state Supreme Court in People v. Smiley. There, two Thornton detectives traveled to New Mexico to take the fingerprints of Thorvyn Bullcalf Evan Smiley, who was the only suspect in an unsolved murder.
The detectives repeatedly told Smiley, "You're not in trouble" and "You are leaving here today." They also said they needed to provide Smiley a Miranda warning "just because we are from out of state and stuff like that." Smiley agreed to speak and confessed to the murder. The detectives then arrested him.
By 4-3, the Supreme Court barred Adams County prosecutors from using the confession as evidence. The majority concluded the detectives were "engaging in a form of psychological coercion" to trick Smiley by promising he would leave on his own accord if he talked to them.
She noted police are generally allowed to make false statements while interrogating suspects, but "four of us thought this was overreach. And that overreach played a significant role in inducing the defendant to confess. So, it was not a voluntary confession."
Last year, Colorado legislators enacted a law making statements by juvenile suspects inadmissible by default if law enforcement acted deceptively. There are exceptions, however, that would still permit prosecutors to use statements as evidence, notwithstanding the deception.
Hart said the key factor in Smiley was the detectives' suggestion that the suspect would be fine even if he decided to give up his right to silence. She acknowledged the decision hinged on a "very, very thin line."
The Supreme Court's ruling in Smiley occurred through a mid-case, or "interlocutory," appeal. Although the Supreme Court typically hears cases after the Court of Appeals has rendered its own decision, prosecutors are allowed to immediately appeal trial judges' decisions to suppress evidence directly to the Supreme Court.
Hart said she was surprised when she initially joined the court that prosecutors were overwhelmingly winning their interlocutory appeals. Then she learned district attorneys did not seek the Supreme Court's review of every suppression decision from trial judges.
However, Hart disclosed that "different jurisdictions have different reputations," and she is more likely to presume a trial judge mistakenly excluded evidence in a jurisdiction that rarely seeks interlocutory appeals.
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AI has stolen some of crypto's luster over the past year: a Silicon Valley obsessed with Web3 and the Metaverse seems to have turned its attention entirely towards large language models and apps like ChatGPT.
Some blockchain projects have tried to take advantage of the new AI hype, but while crypto startups like Worldcoin, the identity firm from OpenAI founder Sam Altman, have found use cases that straddle both worlds, many AI-flavored crypto projects tend to feel like they're more buzz than substance.
Whatever the potential pitfalls, according to Ethereum co-founder Vitalik Buterin, the intersection between crypto and AI still holds promise. In a blog post released on Tuesday, Buterin delivered his thoughts on where crypto and AI tech might collide in the coming years, though he also took care to warn that there might be challenges.
The most "viable" category, according to Buterin, contains applications where AI acts as "a player in a game." At a high level, this category captures apps where "the ultimate source of the incentives comes from a protocol with human inputs." An example of this would be a prediction market: AI can be used to predict the outcome of a given event, and a blockchain-based mechanism can enforce the rules around how much the AI (or the person operating it) should be rewarded or penalized based on its guess.
The next category, which Buterin tags as "high potential, but with high risks," includes applications where AI acts as an "interface to the game." In these applications, AI is used to help users "understand the crypto world around them" and ensure their behavior "matches their intentions." Buterin gives the example of scam-detection features, like the one used in the MetaMask crypto wallet to warn users if they might be interacting with a deceptive application. Such features could be "super-charged" by AI's enhanced detection and explanatory capabilities.
The third category defined by Buterin describes apps where AI dictates the "rules of the game." "Think 'AI judges,'" he explained, warning that one should "tread very carefully" when exploring this problem space. An obvious crypto use-case here would be to help DAOs, or decentralized autonomous organizations, make subjective decisions using AI.
Buterin's fourth category for the potential intermarriage of AI and crypto includes use cases where AI is the "objective of the game." This "longer-term" category involves using blockchains as infrastructure for building better AI models.
While Buterin says he is more optimistic than he once was about the intersections between AI and crypto, he does see potential challenges with balancing the transparency of crypto with the customary opaqueness of "black box" AI systems: "In cryptography, open source is the only way to make something truly secure, but in AI, a model (or even its training data) being open greatly increases its vulnerability to adversarial machine learning attacks." 152ee80cbc
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