Reasonable doubt
This system is a defense lawyers dream. I can see it now in defense cross-examination of a police witness.
Defense "So was the Facial Recognition used to identify my Client?"
Police Witness "Yes"
Defense "That's the system that 96% of the time identifies the wrong person?"
Defense "No need to answer that it is a public record that 96% of the time it is wrong."
Defense "So there is a 96% chance my client is not the perpetrator of the crime?"
Way to introduce doubt in the minds of the jury.