FIXING CRIMINAL LIABILITY AS PER ELEMENTS OF A CRIME: A REVIEW IN MODERN ERA OF AI AND ROBOTICS
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Abstract
The Artificial Intelligence and Robotics have started to guide humans how to plan something or make decisions upon an issue or problem. A debate is under process for last many years about fixing responsibility, liability and to some extent culpability for these human partners. Although status of a legal person has been recognized in many jurisdictions, the apportionment of the liability is still undecided. A legal person is always represented through a natural person to decide the extent of its involvement in a criminal matter or civil liability but AI robotics are independent of natural person due to their precision capability. A human can be the owner of an AI device but cannot be held responsible for its behavior like pets and tamed animals. The exploration of criminal law principles reveals an understanding of legal concepts, drawing from both Western and Islamic perspectives. Beginning with the actus reus, mens rea, and negligence, the discussion probes into intricacies of intent, recklessness, and blameless inadvertence. Strict liability offenses have been examined, emphasizing the significance of external standards and the distinction between Western and Islamic legal frameworks. The concept of vicarious liability sheds light on cases where individuals may be held responsible for the actions of others, resembling the tort doctrine of respondeat superior. Accomplice liability at common law introduces distinctions among principals, abettors, and accessories, offering insight into the intricacies of criminal participation. Inchoate offenses, including incitement, conspiracy, and attempt, showcase the complexities of criminal liability before the completion of an intended act. Since Islamic Laws are now being equally recognized globally, here common elements of a crime and criminal laws have also been discussed so that a way forward for criminal liability upon latest and newly joining AI devices could be established.
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