The prosecutor who told Jackson how her client had been identified was unusual. Across most of the US, neither police nor prosecutors are required to disclose when facial recognition is used to identify a criminal suspect. Defense attorneys say that puts them at a disadvantage: They can’t challenge potential problems with facial recognition technology if they don’t know it was used. It also raises questions of equity, since studies have shown that facial recognition systems are more likely to misidentify people who are not white men, including people with dark skin, women, and young people.
