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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11Sometimes, but there is no universal yes-or-no rule. In a September 30, 2026 decision, an Arizona appeals court ruled that a specific AI-generated video portraying a deceased victim and expressing his imagined thoughts made his sentencing unfair. That decision does not ban every use of AI in victim impact statements. The court, the proceeding, and what the AI created all matter.
What the Arizona ruling decided
In State v. Horcasitas, the Arizona Court of Appeals, Division One, reviewed a sentencing presentation that included genuine video of Christopher Pelkey and an AI recreation of his appearance and voice. The synthetic segment conveyed thoughts attributed to Pelkey, including forgiveness. His family had also spoken in their own voices, and his brother read a statement Pelkey had actually written.
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The court distinguished that synthetic portrayal from a record of what Pelkey had said or done. As the opinion put it: “Indeed, rather than document an event or recording a particular moment, the AI video presents a depiction of the victim and his thoughts created from the imaginings of the victim’s sister.”
The sentencing judge said the video felt genuine and relied on its portrayal of forgiveness when explaining the sentence. The appeals court concluded that the AI depiction appeared authentic while presenting thoughts created from a family member’s imagination. It found fundamental error, vacated the sentence, and ordered a new sentencing hearing. The conviction remained affirmed. The ruling addresses that presentation and its effect on that proceeding; it is not a nationwide rule barring all AI-assisted statements.
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What victim impact statements are for
Victim impact statements let people describe how a crime affected them. Federal Department of Justice guidance describes them as written or oral accounts of emotional, physical, and financial effects, and says federal victims generally have a right to be reasonably heard at sentencing, subject to limited circumstances: DOJ guidance on victim impact statements.
Practices vary. For example, New York Courts describes statements that may cover injury and treatment, emotional and psychological effects, financial loss, changes to lifestyle or family, and the outcome the victim wants. In New York, a victim may write a statement or provide information for a probation report; that description is not a rule for every jurisdiction: New York Courts: Victim Impact Statements.
A right to be heard does not eliminate due-process protections. The Arizona court recognized that victims may address the court under state law, but explained that victim impact cannot override the defendant’s constitutional rights. Even though sentencing procedures may be less formal than a trial, a judge must rely on information with at least minimal indicia of reliability.
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1Scan for outdated or missing drivers - takes under a minute2Clear out junk files and repair common Windows errors3Fix the driver behind crashes, sound loss and screen glitchesAI assistance is different from AI-created testimony
The important distinction is what the tool contributes. Helping a living victim organize their own account or correct spelling is materially different from generating words, a voice, or an image that conveys substantive views attributed to another person. A synthetic recreation can make imagined content seem like an authentic recording or firsthand statement.
- Assistance with a speaker’s own account: Formatting or spelling help does not, by itself, establish that a court will accept the statement. Check the applicable rules, orders, and disclosure requirements.
- Content attributed to someone else: AI-generated opinions, memories, or messages presented as a deceased person’s own words raise the reliability and fairness concern illustrated by Horcasitas.
- Authentic source material: An actual recording or a statement the person wrote can be distinguished from generated additions. Keep those sources clearly identified rather than blending them into a synthetic presentation.
Why the court and type of proceeding matter
There is no single evidence rule that answers every question about AI and victim impact statements. Federal Rules of Evidence govern admission or exclusion of evidence in most federal proceedings, but sentencing statements may also be controlled by statutes, constitutional rights, sentencing procedures, and local rules. The U.S. Courts’ rules page says the Federal Rules of Evidence were last amended in 2024; that date alone does not determine whether a particular AI-generated submission is acceptable: U.S. Courts: Federal Rules of Evidence.
It also matters whether the material is a victim’s impact presentation at sentencing or evidence offered at trial. The Arizona case concerns a sentencing presentation, not a general ruling on AI-generated evidence in every kind of proceeding.
Rules outside the United States show how sharply requirements can differ. An Ireland High Court direction requires independent verification of AI-assisted court documents and says an evidentiary witness statement or affidavit must reflect its maker’s own recollection, knowledge, and evidence: Ireland High Court AI direction. An Ireland Circuit Court direction, effective September 21, 2026, says generative AI should not create substantive content in affidavits, statements of fact, or evidence, while allowing administrative or ancillary tasks such as formatting and spell-checking; it also prohibits presenting fabricated or manipulated evidence: Ireland Circuit Court AI direction. These are Irish directions, not U.S. law.
What to check before submitting a statement
For an active case, confirm the rules for the specific court and ask the victim-witness coordinator or counsel about acceptable formats and procedures. Useful questions include:
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- Is the submission written, oral, audio, or video, and are any formats restricted?
- Is advance notice or disclosure required, and does a case-specific order apply?
- Which parts are the speaker’s actual words or recordings, and which—if any—were generated or altered?
- Can the source and accuracy of the material be independently verified?
- Will the defendant have a meaningful opportunity to address the material under the court’s procedure?
Do not present generated thoughts or speech as an authentic statement from someone who did not create or say them. Whether even limited AI assistance is acceptable depends on the governing court rules and orders; this general information is not legal advice for a specific case.
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