What question did this study set out to answer?

The central aim is to evaluate whether performance thresholds should govern AI tools in criminal law.

May 10, 2026Open Access

Metrics Not Thresholds: How to Regulate AI and Other Expert Methods for Use in Criminal Investigations and Proceedings

Puntos clave

The central aim is to evaluate whether performance thresholds should govern AI tools in criminal law.
Analyzed U.S. evidence law to provide guidance on regulatory practices for AI tools.
Examined the implications of performance thresholds versus metrics for reliability.
Proposed alternatives for regulating AI based on the communication of reliability metrics.
Found that performance thresholds may hinder the effective use of AI in criminal proceedings.
Recommended that regulators focus on clear metrics of reliability instead of set thresholds.
Indicated that improving communication of these metrics could empower decision-makers.

Resumen

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.

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