一名亚利桑那州男子因路怒枪击案杀害一名司机被判有罪，上诉法院裁定不应在量刑时播放受害者原谅他的AI生成视频，因此该男子将面临重新量刑，据BBC报道。
An Arizona man convicted of killing a motorist in a road-rage shooting will be resentenced after an appeals court ruled that an AI-generated video of the victim forgiving him should not have been shown during his sentencing, the BBC reported.
55岁的加布里埃尔·保罗·霍卡西塔斯因在2021年红灯路口的冲突中枪杀37岁的克里斯托弗·佩尔基而被判有罪。去年，法官观看了佩尔基数字重制版向凶手说话的视频后，判处霍卡西塔斯10年监禁。
Gabriel Paul Horcasitas, 55, was convicted of shooting dead 37-year-old Christopher Pelkey during a confrontation at a traffic light in 2021. He was sentenced to 10 years in prison after a judge watched the digitally recreated version of Pelkey addressing his killer last year.
霍卡西塔斯对判决提出质疑，辩称审判法院允许佩尔基家属制作的视频在去年的量刑听证会上播放是错误的。
Horcasitas challenged the sentence, arguing that the trial court had erred by allowing the video, created by Pelkey's family, to be played during the sentencing hearing last year.
亚利桑那州上诉法院表示同意，并下令重新量刑，认定AI重制视频越过了受害者影响陈述与对受害者想法的想象描绘之间的界限，据BBC报道。
The Arizona Court of Appeals agreed and ordered a new sentencing, finding that the AI recreation crossed the line between a victim-impact statement and an imagined depiction of the victim's thoughts, BBC reported."
法院表示：“AI视频并非记录事件或记录特定时刻，而是基于受害者姐姐的想象，呈现了受害者及其思想的描绘。”AI视频展示了什么？
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 court said.WHAT DID THE AI VIDEO SHOW?
佩尔基的姐姐斯泰西·韦尔士去年告诉BBC，家人利用佩尔基的照片、视频和语音录音制作了该视频。在法庭上，身穿灰色棒球帽的AI生成版佩尔基直接对霍卡西塔斯说话。
Pelkey's family created the video using photographs, videos and recordings of his voice, his sister Stacey Wales told the BBC last year. In the courtroom, an AI-generated version of Pelkey, wearing a grey baseball cap, addressed Horcasitas directly."
“加布里埃尔·霍卡西塔斯，那个开枪打我的人，真遗憾我们在那天那种情况下相遇。在另一种人生里，我们或许能成为朋友，”AI版佩尔基说。“我相信宽恕，也相信宽恕人的上帝。我一直如此，现在依然如此，”重制的佩尔基说道。这种不同寻常的法庭亮相似乎打动了主持量刑的托德·兰格法官。
To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances. In another life, we probably could have been friends," the AI version said. "I believe in forgiveness, and a God who forgives. I always have and I still do," the recreated Pelkey said. The unusual courtroom appearance appeared to resonate with Judge Todd Lang, who presided over the sentencing."I loved that AI, thank you for that. As angry as you are, as justifiably angry as the family is, I heard the forgiveness," Lang said at the time.
“我喜欢那个AI，谢谢你们。尽管你很愤怒，尽管家人的愤怒完全合理，但我听到了宽恕，”兰格当时说道。"我觉得那很真实。"判决为何被推翻？然而，上诉法院对该技术持有不同看法，认定该视频不仅仅是传达家属的感受，或复现佩尔基生前实际录制或说过的内容，据BBC报道。
"I feel that that was genuine."WHY WAS THE SENTENCE OVERTURNED? However, the appeals court took a different view of the technology, finding that the video did more than convey the family's feelings or reproduce something Pelkey had actually recorded or said, according to BBC.
相反，法官们表示，视频呈现的是被归因于佩尔基的思想，而这些思想是由其姐姐创作的。
Instead, the judges said, it portrayed thoughts attributed to Pelkey that were created by his sister.
该裁决并未推翻霍卡西塔斯的定罪。他将返回法院，在没有有争议的AI视频的情况下，重新进行量刑听证。
The ruling does not overturn Horcasitas's conviction. He will instead return to court for a fresh sentencing hearing without the disputed AI video.
提起上诉的律师克里斯滕·雷勒拒绝置评。代表受害者的律师杰西卡·加图索也未回应置评请求。
His lawyer, Kristen Reller, who filed the appeal, declined to comment. Jessica Gattuso, an attorney representing victims in the case, also did not respond to a request for comment.
该案已成为一个不同寻常的测试，考验AI生成的已故者重现形象能否用于刑事诉讼，特别是在受害者影响陈述环节。
The case has become an unusual test of how AI-generated recreations of dead people can be used in criminal proceedings, particularly during victim-impact statements.- Ends