Automating Criminal Appeals: Do It!

Abstract Can criminal appeals be automated? This article answers yes, using United States v. DeLeon, an Eleventh Circuit case from 2024, as a case study. AI can prevent legal ambiguities from arising in the first place. But if an ambiguity slips into the law and prompts the need for appellate litigation, AI can draft the briefs. A direct comparison of AI-generated briefs with actual court filings shows that AI can produce high-quality legal writing quickly and consistently. Implementing AI in criminal appeals could improve the quality of legal representation, reduce disparities between defendants, ensure consistency in government positions, and accelerate the appeals process.