About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 AFJCLJ 1 (2018)

handle is hein.journals/afcjlocil3 and id is 1 raw text is: AFJCLJ 3 (2018) ARTIFICIAL INTELLIGENCE ENTITIES AND CRIMINAL LIABILITY: A NIGERIAN JURISPRUDENTIAL DIAGNOSIS1 Abstract Contemporary technological inventions are beginning to support or replace human activities with the emergence of artificial intelligence entities ranging from autonomous cars to machines translation software, robots and medical diagnosis software. These inventions tend to venture into some human mental activities such as interpretation, evaluation, and decision-making, which have never been delegated to non-human mind before. Sometimes, criminal activities are associated with these Artificial Intelligence Entities. Generally, criminal liability arises basically out of the presence of two factors: mens rea and actus reus. Actus reus is the physical outcome of the act. In the case of artificially intelligence being, the main challenge arises in dictating the mens rea which is the mentalfactor. This paper evaluates sundry views and examines whether human laws can be imposed on the artificial intelligence entities like they are imposed on legal personalities like corporations whereby punishments can be awarded by making necessary alterations. This study recommends, among others, the application of the Turing Test by the court to detect whether the artificial Intelligence entity is capable enough to formulate mens rea. Qualitative methods are used in the analysis of data collected from text books, journals and internet resources. Keywords: Artificial Intelligence, Criminal liability, Mens rea, Jurisprudence, Nigeria 1. Introduction Human intelligence is a natural endowment to man. With this intelligence, man seeks to create entities that would further the manifestation of his intelligence. Yet, more and more simple human activities are being replaced by robots and computers. Artificial intelligence is becoming an integral part of human society with all its implications, negative and positive. In 1981, a 37-year-old Japanese employee of a motorcycle factory was killed by an artificial-intelligence robot working near him. The robot erroneously identified the employee as a threat to its mission, and calculated that the most efficient way to eliminate this threat was by pushing him into an adjacent operating machine. Using its very powerful hydraulic arm, the robot smashed the surprised worker into the operating machine, killing him instantly, and then resumed its duties with no one to interfere with its mission. Unfortunately, this is not science fiction, and the legal question is: If advanced autonomous machine commits a crime of its own accord, how would it be treated in law? How would the guilty mind of a non-human be demonstrated and how can it be done within existing criminal law principles? Can a crime be said to have been committed? Indeed, is the machine liable given the principles of criminal liability? This study will examine some models set out set out by scholars for determining criminal liability when an Artificial Intelligence entity is involved in a crime. These views will be juxtaposed with the present state of Nigerian laws with effect to examining their propriety or otherwise in the light of the growing use and prospects of Artificial '*Ikenga K.E. ORAEGBUNAM, PhD (Law), PhD (Phil.), PhD (Rel. & Soc.), MEd, BTh, BL, Senior Lecturer and Ag Head, Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, P.M.B. 5025, Awka, Anambra State, Nigeria. Email: ikengaken@gmail.com; ik.oraegbunam@unizik.edu.ng. Phone Number: +2348034711211; and *Uguru Eme UGURU, LLB, BL, LLM Candidate, Faculty of Law, Nnamdi Azikiwe University, P.M.B. 5025, Awka, Anambra State, Nigeria. Page 1 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most