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73 U. Toronto Fac. L. Rev. 69 (2015)
Can Androids Plead Automatism - A Review of When Robots Kill: Artificial Intelligence under the Criminal Law by Gabriel Hallevy

handle is hein.journals/utflr73 and id is 69 raw text is: 


CAN ANDROIDS PLEAD AUTOMATISM?
A  REVIEW OF WHEN ROBOTS KILL: ARTIFICIAL INTELLIGENCE
UNDER THE CRIMINAL LAW BY GABRIEL HALLEVY


RACHEL   CHARNEY*



Humans   have  long feared the  darker side of artificial intelligence (AI). Mutiny,
sabotage, and  xenocide  are themes  that science fiction has frequently explored,
kindling what   Isaac Asimov  called the  Frankenstein  Complex,   or the  fear of
mechanical  people.' Over time, machines have become   both increasingly pervasive
and intelligent, allowing us to rely on them to perform a broad range of functions.
But does our comfort  in allowing machines to clean our homes or beat us in a game
of chess mean  that we are willing to go so far as to treat humans and machines as
similar entities under the criminal law? In When Robots Kill: Artificial Intelligence
Under  Criminal Law,  Gabriel Hallevy argues in favour of applying criminal law to
artificial intelligence, contending that it would not require any major theoretical
revisions to the current legal system.

    The   issues that Hallevy  deals with were  raised  many  years  ago,2 but by
expanding  on  articles that he has previously written Hallevy is the first to set out
how  the current criminal law framework   could be  applied to Al.' Hallevy begins
his book  by examining  the  elusive quest for machina  sapiens. He  explains that
although  we  may  never create Al  that fully imitates the human  mind, criminal
liability can still be imposed on machines that are acting under their own agency




*    Hon BSc (McMaster University), 2nd Year Candidate, JD (University of Toronto). The author
    would like to thank Sean Gill and the editors of the University of Toronto, Faculty of Law Review
    for their commentary and assistance.
1    See e.g. The Terminator, 1984, DVD (Santa Monica, Cal: MGM Home Entertainment, 2004);
    Battlestar Galactica, 2004, DVD (Universal City, Cal: Universal, 2005); The Matrix, 1999,
    DVD   (Warner Bros., 1999); 2001: A Space Odyssey, 1968, DVD (Burbank, Cal: Warner
    Home  Video, 1999); Blade Runner, 1982, DVD (Warner Bros., 1999); See also Lee McCauley,
    The  Frankenstein Complex and Asimov's Three Laws (2007), online: Association for the
    Advancement of Artificial Intelligence <http://www.aaai.org/Papers/Workshops/2007/WS-07-
    07/WS07-07-003.pdf>.
2    See e.g. Raymond S. August, Turning the Computer Into a Criminal (1983) 10 Barrister 12;
     Phil McNally and Sohail Inayatullah, The rights of robots: Technology, culture and law in the
     21st century (1988) 20:2 Futures 119.
3    Gabriel Hallevy, 'I, Robot - I, Criminal' - When Science Fiction Becomes Reality: Legal
     Liability of Al Robots committing Criminal Offenses (2010) 22 Syracuse Science & Technology
     L Report 1; Gabriel Hallevy, The Criminal Liability of Artificial Intelligence Entities - From
     Science Fiction to Legal Social Control (2010) 4:2 Akron Intellectual Property J 171; Gabriel
     Hallevy, Unmanned Vehicles: Subordination to Criminal Law under the Modern Concept
     of Criminal Liability (2011) 21:2 J L Info & Sci 200. More broadly, previous literature has
     discussed the legal agency of non-human agents and when non-human agents can be awarded
     legal personhood without specifically examining criminal law (see Sapir Chopra & Laurence F.
     White, A Legal Theory for Autonomous Artificial Agents, (Ann Arbor: The University of Michigan
     Press, 2011)).

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