ARTIFICIAL INTELLIGENCE ENTITIES AND CRIMINAL LIABILITY: A NIGERIAN JURISPRUDENTIAL DIAGNOSIS

Ikenga K.E Oraegbunam, Uguru Eme Uguru

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 mental factor. 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.

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