Don't worry, We'll probably have the technology to retrieve a persons memory from their brain long before AI is that good. We can see if they actually did it based on their own recollection. If you refuse, you're obviously guilty, 5th amendment be damned. We'll have a couple years before that same technology is used to implant fake memories in peoples minds. After that, it doesn't matter if you go to jail or not, because they can just put the memory of jail in your brain. :)