ChatGPT Goes to Court

 

By Debbie Burke

@burke_writer

The day after Jim’s recent post about AI and ChatGPT, I ran across an article about what could possibly go wrong.

In a case before the U.S. District Court, Southern District of New York, Mata v. Avianca, Inc., the plaintiff’s attorney submitted a motion to dismiss based on research cites from ChatGPT.

One problem: the court discovered the cases cited didn’t exist.

According to an affidavit filed by attorney Peter LoDuca, the law firm of Levidow, Levidow, & Oberman, PC represented Roberto Mata in a personal injury case against Avianca, Inc. for injuries allegedly sustained by Mr. Mata as a passenger on Avianca Airlines. Another attorney with 30 years of experience, Steven Schwartz, used ChatGPT to conduct research to support the motion to dismiss.

Chat GPT turned up the following cases:

Varghese v. China Southern Airlines Co, Ltd, 925 F 3d 1339 (11th Cir 2019); Shaboon v. Egyptair, 2013IL App (1st 111279-U (IL App Ct. 2013); Petersen v. Iran Air, 905 F. Supp 2d 121 (D.D.C. 2012); Martinez v. Delta Airlines, 2019 WL 4639462 (Tex. App. Dept. 25, 2019); Estate of Durden v. KLM Royal Dutch Airlines, 2017 WL 2418825 (Ga. Ct. App. June 5, 2017).

According to an affidavit by Mr. Schwartz, he “has never utilized Chat GPT as a source for conducting legal research prior to this occurrence and therefore was unaware of the possibility that its content could be false.”

Attached to the affidavit is the following transcript:

ChatGPT transcript:[Q:] ls varghese a real case

[A:] Yes, Varghese v., China Southern Airlines Co Ltd, 925 F.3d 1339 (11th Cir. 2019) is a real case.

[Q:] What is your source

[A:] I apologize for the confusion earlier. Upon double-checking, I found that the case Varghese v. China Southern Airlines Co. Ltd., 925 F.3d 1339 (11th Cir. 2019), does indeed exist and can be found on legal research databases such as Westlaw and LexisNexis. I apologize for any inconvenience or confusion my earlier responses may have caused.

[Q:] Are the other cases you provided fake

[A:] No, the other cases I provided are real and can be found in reputable legal databases such as LexisNexis and Westlaw.”

Apparently ChatGPT wasn’t under oath. The cases were not found.

Mr. Schwartz’s affidavit states that he “greatly regrets having used generative artificial intelligence” and “had no intent to deceive this Court or the defendant.”

On May 4, 2023, U.S. District Judge P. Kevin Castel issued an order to show cause that stated:

Six of the submitted cases appear to be bogus judicial decisions with bogus quotes and bogus internal citations…Set forth below is an Order to show cause why the plaintiff’s counsel ought not be sanctioned. 

There are numerous documented cases of ChatGPT “hallucinations,” a polite euphemism for bovine excrement.

The headline of an April 3, 2023 article in Bloomberg reads: “AI Doesn’t Hallucinate. It Makes Things Up.” According to a January 17, 2023 article in Datanami.com, “making stuff up” occurs an estimated 15 to 20% of the time.

Here’s another incident involving lawyers. On May 10, 2023, NewRepublic.com conducted an interview with Will Oremus, a reporter for the Washington Post. According to Will, a law professor asked ChatGPT to come up with a list of lawyers who had sexually harassed someone. Will describes the results:

ChatGPT spits out this list of lawyers, and it not only gives names, but it gives citations, which is really helpful. You can look up the stories about when they were accused of sexually harassing people. And the lawyer who gets the list is looking through it and he recognizes one of the names: Jonathan Turley. He’s a pretty prominent lawyer. The guy who was looking it up, Volokh, says, “Well, that’s odd. I don’t remember that controversy.” And so he follows the citation and it actually cited a Washington Post story about the supposed incident, and it doesn’t exist. It’s just completely fabricated out of thin air. So he emails Turley and says, “Hey, did you know ChatGPT is accusing you of sexually harassing a student on a trip?” It was very detailed, right? A trip to Alaska. It sounded like the thing you wouldn’t make up, but in fact, ChatGPT did make it up.

How could this happen? One theory is that, as AI scrapes data, it seeks out search terms, keywords, and names that are linked on the net. Using those search connections, it then creates a story that sounds plausible although it could be false.

Will opines:

Turley has been in the news as a commentator on stories about sexual harassment in the legal profession. His name was in articles that have the words lawyer, and sexual harassment. And that’s probably how it came up with him doing this in the first place.

Here at TKZ, many comments have been critical about AI’s attempts to write fiction, calling them soulless and without emotion.

However, unfortunately it appears to do a convincing job of incorporating fiction into what is supposed to be nonfiction.

Would you call ChatGPT an unreliable narrator? 

~~~

Taking this a step further, as crime writers, we do some pretty unconventional searches.

TKZers: Are you concerned AI might inaccurately connect you with topics that you’re researching? For instance, serial killers, poisons, explosive devices, kidnapping, etc.

~~~

 

Although AI is the subject of my new thriller, Deep Fake Double Down, no AI was used to write the story. Please check out what 100% human imagination can make up.

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Tips to Deceive Characters and Readers

Fictional truth is never quite as clear as it seems on the surface. Deceptiveness boils down to manipulation, disguise, and misdirection. The writer can deceive characters and readers in numerous ways.

A villain might murder another character, then lie to avoid detection. This leads to more lies, more misdirection, and deepening deceptions, creating tension and conflict.

What if the main character lies to themselves about who they are or their current circumstances? Because the truth may be too difficult to accept, the charade continues. One of the most widely known examples is The Sixth Sense.

*Spoiler Alert*

Dr. Malcom Crowe, played by Bruce Willis, could not accept the fact that he died from a fatal gunshot wound. He was an unreliable character from the start of the movie, but viewers didn’t know it. Because he couldn’t accept his fate, he fooled himself into believing he survived. Thus, we believed. In hindsight, we can see where the writer dropped clues. At the time, though, most viewers didn’t catch any hints the first time they watched the movie.

Creating an unreliable narrator takes a skilled hand.

Fail, and the reader feels tricked. Succeed, and reap the rewards.

The one advantage we have is that trust is often automatic. Because narrators act as our guide, deception isn’t something readers expect. Trust is woven into the fabric of our lives. Thus, we often take it for granted.

  • When we slip behind the steering wheel or into the passenger seat, we trust the wheels will stay bolted to the car.
  • When we eat at a restaurant, we trust we won’t get food poisoning.
  • When we crawl under the covers at night, we trust the legs won’t snap off the bed.

This presumed trust is why and how authors can manipulate readers. It’s reasonable to presume we can trust the main character. And so, we do. Should we, though? No narrator is 100% reliable. Stories that force us to question our own perception are often compelling page-turners, unputdownable, and unforgettable.

Deception can occur anywhere.

We tend to first think of antagonists who are manipulative and deceptive, but heroes can deceive, too. In fact, even secondary characters are capable of deception.

What if a main character lies to protect a child?

What if a foil thrives on deceit? Or it only appears like they thrive on chaos when in truth, they’re hiding a secret? The higher the stakes, the more they’ll lie to protect it.

What if a character believes they’re right? They genuinely want to help and don’t mean to misdirect the detective. I’m talkin’ about eyewitnesses to a crime.

Think about this…

We each view the world through a filter of our past experiences, emotional baggage, scars we carry, profession—past or present—worldview, religion, politics, the list goes on and on.

For example:

When I look at an old mighty oak tree, I see a living, breathing being who’s survived for decades, maybe even hundreds of years, and has provided housing and comfort to thousands of animals. And I think, Imagine the stories it can tell.

Someone else might only see firewood.

Neither view is wrong. We’re admiring the tree through different lenses.

Psychologists refer to this as the Rashomon effect, also known as the Kurosawa effect.

This refers to a phenomenon wherein the same event is interpreted in vastly different ways by different people. The Rashomon effect is named after the popular 1950 Akira Kurosawa movie Rashomon in which a murder is described in four different ways by four different witnesses of the same crime. It is often used to emphasize the point that people’s perceptions about an event can differ considerably based on their individual personal experiences.

Thus, it is entirely possible that an event may be described in different ways by different people without any of the witnesses consciously lying.

The same holds true for our characters. And that’s where the fine art of deception comes into play. If we stay true to our character, deception could be automatic. The reader might not catch on right away, but once the truth unravels it’ll make perfect sense. Why? Because they’ve come to know how the character views the world.

Another way to show a character disguising their actions, emotions, or a secret, is through subtle clues.

Subtle clues of how characters behave can tell the reader a lot about them. Imagine people in real life when they’re not being completely honest. How they act and react say a lot about who they are. Characteristics can also show the reader a character might be deceptive—things like suspicious behavior, not wishing to engage with others, indecisiveness, or apprehension.

Dialogue is another way for writers to manipulate the reader. What characters say—and don’t say—can show a character acting evasive or blatantly lying. Tone of voice also disguises the truth, as does ambiguity.

Symbolism and atmosphere can reinforce a specific message, feeling, or idea. If you look at the setting and the character’s state of mind, think about what you want the reader to see. Is there a symbol or setting that might help foreshadow the truth or reinforce the deception?

For example, the following foreshadows danger:

  • Mirages
  • Heat waves
  • Venomous snakes
  • Fog
  • Poisonous plants

Symbols of triumph and joy:

  • Breathtaking sunrise
  • Rainbow
  • Four-leaf clover
  • Butterfly
  • Cardinal

Both these lists are so common they’ve become cliche, but we can use that to our advantage. What if you took a symbol that commonly brings joy and flipped the script? Now, the reader will no longer be able to trust their own instincts. You’re toying with their perception. Thus, able to deceive.

These are just a few ways to create deception. The possibilities are endless.

What are some ways you’ve deceived a character and/or the reader? Or name a favorite author/novel that hoodwinked you.

Key Tips for Creating a Genderless Character for Villain Options

Jordan Dane
@JordanDane




In my critique of Cruel Sacrifices, an anonymous submission, I brought up the topic of creating scenes with a genderless character and TKZ follower Paul Duffau asked for a post on the subject. You asked, Paul. Here it is. 

The technique of writing a genderless character can be effective to allow an author more options for suspects so the reader can’t easily determine the gender of a villain. One of my favorite ways to create a mystery/suspense “whodunnit” is to build a case against a slew of suspects. By the end of the book, I can flip a coin and make the final decision on who is guilty. By making a killer neutral and without gender, that expands my choices. More fun for me.

I’ve seen many books written with scenes where a villain is described as “the man” or “the killer.” As an author, that pulls me from the story, because I see the craft behind the use of the generic term. It’s obvious the author is trying to build suspense by letting the reader see a glimpse of the diabolical bad guy without fully disclosing who it is. I’m sure I’ve done this too, but in my last two thriller novels (Blood Score and The Last Victim), I challenged myself by creating a genderless character to broaden my suspect list and make it harder for readers to figure out who the guilty are. 

Scenes with my genderless character were difficult to write. It’s easy to slip and add a pronoun of he or she, so edits must be thorough. And it’s hard to come up with different ways to describe this person. It’s also a challenge where to place these scenes throughout a book to add tension and mystery, but try it. It adds complexity to your writing and can make for a better “whodunnit.”

1.) Omniscient POV – In select spots during the scene, I write in omniscient Point of View (POV). I try not to carry this on for too long. I want the reader to clearly know this is my bad guy and I add a generic descriptor later to ground the reader into the head of my character, but the shock value of seeing the bodies through the eyes of the killer (the artistic elements to the brutal crime) seemed to create a more macabre effect and give insight into my serial killer.

Excerpt: The Last Victim (Jordan Dane)

Moonlight cast its slate glow onto a lifted hand, fingers gracefully posed toward the dark heavens. They would point to the worthy pinnacle of the masterpiece. The bare skin of a sculpted leg made a beautiful silhouette against the full moon, toes perfectly poised to catch the glimmer of the night. Frozen flesh glittered under the stars in the right light. The crystalline webbing of ice turned blanched skin into an intricate texture with a shine that reflected the dark sacred night.

Too bad the meat had to thaw. To rot.

2.) Generic Character Description – Without gender, I used a description of “the driver” to describe my bad guy. This type of generic description can be used for anyone, men or women.

Excerpt: The Last Victim (Jordan Dane)

Cutting a scream loose, the warmth of a blood shower, the thrill of seeing the soul leave the body and knowing God’s hand played no part in it—those were rare and powerful addictions—but none of those things matched the final moment when hope left their eyes and they accepted their fate. Sated and drunk on memories, the driver tossed sturdy work gloves aside and climbed into a truck when it was time to go, started the engine, and turned on the music.

The voice of Ray Charles sang. ‘What a Wonderful World’ brought a fitting end as the truck jostled along the gravel service road toward the busted gate few people knew about—heading through the trees into the dark sacred night.


3.) Deep POV – Focus on the action and see it through the eyes of the character. My killer is suffering from withdrawals and the need to kill is escalating. So rather than focusing on HIM or HER, I distract the reader by concentrating on the action or what he or she is obsessed with. In deep POV (in our heads), we wouldn’t define ourselves because we already know who we are. We would simply let random thoughts race through our minds, driven by what we see or think. Deep POV, coupled with omniscient view, can give the illusion to the reader that they are in the head of a killer, yet not give away the gender of a bad guy.

Excerpt: The Last Victim (Jordan Dane)

One final glance in the rear view mirror made it hard to leave, but the stunning silhouette of the Totem against the moon stirred the question that remained. Who would top the next creation? There would definitely be a next time and it had to be someone worthy. It wasn’t enough to kill perfection once.

Hitting stride, the Totem Killer had only gotten started and had cross-hairs on the next one. A name. Another perfect one. Everything had been planned with each detail thought out. Nothing would be rushed.

The driver had a pick up to make and wouldn’t go home empty handed.

4.) Unreliable Narrators – Detectives or sleuths can assume a gender based on a criminal profile or perhaps the strength it would take to perpetrate a crime or the statistically expected Modus Operandi (MO) for one gender over another. FBI profiles can project a male killer simply by MO if the crime is heinous enough NOT to indicate a female assailant, for example. So your main heroic character can be the unreliable narrator, or witnesses can lie or tell their version of the truth as they see it. A big reveal can come later to turn things around, but that’s what is so fun about peeling back the layers of an investigation.

5.) Red Herrings – A mystery craft technique, called a red herring, is used to create a clue that leads down a false path in the investigation. This can contribute to the illusion that the killer is one gender, when it can easily be discovered later that the clue was misinterpreted or someone lied to mislead the police. If you couple this method with your generic character POV, it can keep the reader guessing. And news flash: killers lie to throw cops off their scent or they plant evidence or pretend to be a victim to mislead investigators. That makes the chase more fun. A good killer is a chameleon who could conceivably get away with murder. The more diabolically clever the killer, the more brilliant your sleuth would have to be. Make your hero earn his status by giving him or her a worthy adversary.

6.) Scene Timing – If a scene is written through the eyes of the dastardly genderless villain (at a distance, for example), followed by a subsequent scene where the character walks unassumingly on the page with a name, that could influence the reader into thinking “it can’t be him/her. He/she can’t be in two places at once.” If the scene is written well enough, it can appear there is distance and the reader assumes there are two people, when the character could be one and the same.

I used all of these methods to build upon the mystery of my killer’s identity and push off “the reveal” as late as possible in the book. Leave twists in the plot, even toward the end, and make your readers sweat it out.

Has anyone else used a technique not mentioned here, to create a genderless/faceless villain? Or what books have you read where an author kept you guessing on gender? Please share.

Wishing you happy holidays, TKZers! Hope 2015 is special for all of you.