NEW RESEARCHKeep AI Reconstructions Separate from EvidenceRead now ↗
EXECUTIVE CASE NOTE · 03 OCT / 2026DAILY EDITION · 5 MIN READ

THE AI INSTITUTE / RESEARCH FOR LEADERS

Keep AI Reconstructions Separate from Evidence

A convincing presentation must not turn an inferred view into a person's own words.

OUR VIEW

Before using AI-generated representations in a consequential decision, separate recorded evidence, attributed interpretation and invented illustration—and make the decision defensible without the synthetic presentation.

Key points

What this paper means for leaders

  1. Disclosure does not establish that a statement is reliable.
  2. Keep a person's recorded words separate from another person's reconstruction.
  3. Review the source before the persuasive presentation.
  4. Record which evidence actually supports the decision.
01

The case

The label did not settle the question

Before allowing an AI reconstruction into a consequential decision, ask what it is evidence of. A convincing voice can make an interpretation feel like a direct statement. A realistic scene can make a proposed future feel observed. Neither becomes better evidence because the production is impressive.

On 30 September 2026, the Arizona Court of Appeals affirmed Gabriel Paul Horcasitas's manslaughter conviction but vacated his sentence and ordered resentencing. At sentencing, an AI video had depicted the deceased victim speaking. The video disclosed its artificial origin and included genuine footage. The court distinguished that footage from imagined statements presented in the victim's own likeness and voice. It found the synthetic material unreliable and prejudicial; the precise effect on the sentence was not quantified. 1

This is a particular US sentencing decision, not a worldwide rule against synthetic media. The Institute's business lesson is narrower: knowing how material was made does not establish whether it should influence the decision in front of you.

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