Virtually Unheard Of: Why U.S. Courts Need Rules for Virtual Reality Evidence
There are currently no evidentiary rules that govern the admissibility of virtual reality (“VR”) evidence, prompting questions as to what standards should regulate its admissibility. While some may believe VR is simply akin to any other illustrative aid, the immersive and interactive nature of a VR simulation positions it as entirely distinct from any other digital evidence courts have previously addressed. The question is no longer when VR will enter courtrooms; it already has. The pertinent inquiry is how courts should respond.
Considering VR’s fast development, the risks of inaccuracy and bias, and the interplay between artificial intelligence and VR, this Note argues the judiciary should amend evidentiary rules to expressly guide courts being thrust into this new age of technology. More specifically, this Note proposes that VR evidence should be treated akin to a forensic simulation, as opposed to an ordinary computer animation—thereby subjecting it to a higher level of scrutiny.
Author: Mahin Mughal
Volume 26, Issue 4