Proportional Distribution of Criminal Liability of Artificial Intelligence Entities: An Analysis of Bio-Socio Concepts
Keywords:
Proportion, Distribution, Bio-socio Concepts, Criminal Liability, Analysis, Artificial Intelligence.Abstract
Advancements in science and technology have grown astronomically. As a result, sophisticated robots have been manufactured. They are automated programmed machines configured with specialized algorithms designed to operate independently. These mechatronics devices in carrying out their simulated activities have caused grievous harm to people, which are tantamount to offences. Robotic utilizations are made possible by four individuals, namely: programmer, manufacturer, market outlet, and end user; described as foursome. The work focused at navigating likelihoods of allotting proportional criminal liability to the foursome. In achieving its objectives, doctrinal and meta-analytical methods of investigations were adopted, using primary and secondary source materials as tools for data collection. The work discovered that artificial intelligence entities are merely made of abiotic materials. The work concluded that criminal culpability is distributable to the foursome on proportional ratio of 5:3:1:1. It is recommended amongst others that artificial intelligence entities should never be contemplated for criminal punishment.
References
1. Includes all other artificial intelligence entities with corporeal, that is, those which possess physical bodies of their own and can travel from one point to another.
2. Experts in the domain of robotic production and engineering describe artificial intelligence entities in robotic corporeal as another competitive species of human race known as machina sapiens. Consequently, there appears to be two species of human beings, to wit, homo sapiens and machina sapiens.
3. R. O. Eduardovich, ‘Criminal Liability of the Artificial Intelligence’ [2017] 138; *The Problems of Legality*, 136.
4. Ibidem.
5. Ibidem.
6. Ibidem.
7. J. Barrat, ‘Our Final Invention: Artificial Intelligence and the End of the Human Era’ [2015] Alpina Non-Fiction, 10.
8. Ibidem, ‘A modern computer of the Busy Child project runs at a speed of 36.8 petaflops per second, that is, twice as fast the human brain.’
9. G. Hallevy, “The Criminal Liability of Artificial Intelligence Entities – from Science Fiction to Legal Social Control,” [2016] 4 (2) *Akron University Intellectual Property Journal*, 171.
10. [www.newyorktimes](http://www.newyorktimes). Accessed in December 27, 2023 at about 13:00 hours GMT.
11. The unmanned aerial vehicles, the Shadow Hawk manufactured by the United States of America by Vanguard Defence Industries have been experimented and used decisively in Afghanistan and East Africa to combat suspected terrorists’ movements. They possess automatic firearms with calibre estimated as equal to 12. They have capacity to electrocute suspected persons from a very high altitude with grenade launchers of about 37-40 mm. Great Britain has also developed similar unmanned aircraft vehicles, described as Taranis with very high accurate targets. All these mechanisms are driven by artificial intelligence empowered by specialized designed and configured algorithms.
12. Bureau of Investigative Journalism, op-cit; O. E. Radutniy, “Criminal Liability of the Artificial Intelligence,” (2017) Issue 138, *Problems of Legality*, 134.
13. The Ethiopian Aircraft Investigation Bureau (EAIB).
14. Ibidem.
15. Ibidem.
16. Ibidem.
17. Including autonomous AIs, automated robotics, remotely controlled systems, expert systems, and conventional software programming. Schematic explanations of the above terms: Automated Robotics; is a special technical field of study comprises the combination of robotics, automation, sensing, control systems, programming, artificial intelligence (AI), mechanical/electrical engineering to create machines which can tasks automatically, with little or effort of humans. Autonomous Artificial Intelligence (AIs), this is referring to artificial intelligence systems which can independently perceive situations, circumstances, evaluate same, take adjustment, synthesis results, and make appropriate and convenient decisions with very limited intervention from humans. That is, they can learn and adapt to the environment where they are found. Remotely Controlled Systems, are programmed machines, devices or processes which could be monitored, commanded, adjusted, or operated from a physical location quite different from where the equipment is. The commands are usually transmitted vide communication link, radio, Wi-Fi, Bluetooth, cellular networks, satellite communication, fibre optics, or the internet. Conventional Software, are reference to software systems developed from traditionally established programming approaches. This must require human command before the processing, just as in normal office computers, handset, laptops, calculators, etcetera.
18. D1, programmer; D2, manufacturer; D3, market outlet; and D4, the end user.
19. Cap. C38, Vol. 4, Laws of the Federation of Nigeria (LFN), 2010.
20. Criminal Code Act, Cap C38, Vol. 4, Laws of the Federal of Nigeria, 2010.
21. ‘‘In the fourth case, he may be charged either with himself committing the offence or with counselling or procuring its commission; A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence; and Any person who procuress another to do or omit to do any act of such a nature that, if he himself done the act or made the omission, that act or omission would have constituted an offence on his part, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with himself doing the act or making the omission.’’
22. Section 7 of the Criminal Code Act, Cap. C38, Vol. 4; Law of the Federation of Nigeria, 2010.
23. Ibidem.
24. Ibidem.
25. Ibidem.
26. Criminal Code Act, Cap. C38, Vol. 4, Laws of the Federation of Nigeria (LFN), 2010.
27. It is a constitutional imperative that action cannot lie in criminal jurisprudence save it is written in an enactment for the time being and penalty prescribed thereat in writing. See the enshrinements as contained under paragraphs (8) and (12), 0f Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as Altered).
28. The innermost and sacred chambers of a being. Just the brain in humans. The holy of holies of an entity where all thoughts, actions, processing of judgement and decision making are streamed from. It is the core chambers of the being, the brain box of all actions and inactions, without which the being is useless.
29. Neurorobotics devise which could be equated with the characteristic features of neurotransmitters are mere wires and electrolytes constructed by human ingenuity and prowess fecundity.
30. O. I. Derik-Ferdinand, ‘Monogram on Theories of Punishment’ [2023] Unpublished Work, Department of Legal Studies, Bayelsa State Polytechnic, Aleibiri, Bayelsa State of Nigeria.
31. Artificial intelligence entities in robotic corpus do not have cartilage which is responsible for growth and development of the skeletal system.
32. The maxim is a sound principle of law. *Lex non intendit aliquid impossibile*: Meaning the law does not intend anything impossible. A similar maxim has it thus, *Lex non cogit ad impossibilia*: Meaning the law does not compel to impossible end.
33. Criminal Code Act, Cap. C38, Vol. 4 of the Laws of the Federation of Nigeria, 2010.
34. Administration of Criminal Justice Act, 2015.
35. As suggested by G. Hallevy., in his work entitled: “The Criminal Liability of Artificial Intelligence Entities – from Science Fiction to Legal Social Control,” [2016] 4 (2) *Akron University Intellectual Property Journal*, 171.
36. *Res ipsa loquitur*, the Latin version of the statement of fact, that the facts and circumstances speak for themselves. Wherefore, there is no need to delve into the mental element (*mens rea*) of the subject.
37. The Administration of Criminal Justice Act (ACJA), 2015.
38. Criminal Code Act, Cap C.38, Vol. 4, Laws of the Federation of Nigeria (LFN), 2010.
39. The trustee is accountable to the beneficiaries. A beneficiary in a trust relationship can sue for account on how the chattels are been used or managed.
40. Likened to the fiscal principle of insurance and indemnity. Where fiscal investments are made on an insurer who bore all liabilities of the insuree. In this case, the artificial intelligence entity is the insuree whilst the tetralogy is the insurer.
41. Comprises all configured algorithms and the metallic wires connected into the robotic entity for its simulated operations.
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