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Responsibility gap or responsibility shift? The attribution of criminal responsibility in human–machine interaction

Bibliographic Data

ID20508320
AuthorsMonika Simmler (0000-0002-2644-8116, Law School, University of St. Gallen, St Gallen, Switzerland, corresponding author)
Year2024
Volume27
Issue6
Pages1142-1162
Publication date2024-04-25
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInformation Communication & Society (JOURNAL)
Journal identifiersISSN: 1369-118X • E-ISSN: 1468-4462
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/1369118x.2023.2239895
OpenAlexW4385278773
LanguageEN
Citations received3
References cited31

The prevalence of automation and advent of intelligent machines have created new constellations in which the attribution of criminal responsibility is complicated. Automation results in complex settings of interaction, while the conduct of technical systems is becoming less determined, predictable, and transparent. There is an ongoing scholarly debate regarding how these developments shape moral and legal agency, as well as the best ways of allocating responsibility. Concerns have been expressed about the emergence of responsibility gaps, calling for ways to ensure accountability. This article explores whether these apprehensions can be empirically substantiated. A factorial survey study (N = 799) conducted in Switzerland was used to research attribution mechanisms in criminal cases involving various forms of human-machine interaction. The results revealed that the level of automation significantly affected the attribution of responsibility. In cases of high automation, attribution became considerably more complex and more actors, especially corporate entities, were called to account. A difference in automation level (i.e., the question of how much humans are still ‘in the loop’) had a stronger effect than did the aspect of technology being described as capable of learning. However, the involvement of intelligent technology seemed to have made the responsibility attribution more arbitrary. According to the respondents, there were no discernable responsibility gaps. However, in the present research, significant shifts among the agents called to account were observable. Yet, since these evasion mechanisms are hardly covered by today's law, there is an ongoing risk of a gap between the desire for punishment and actual legal constructs

Accountability · Attribution · Automation · Criminal law · Criminal responsibility · Moral responsibility · Normative · Political science · Public relations · Social science · Sociology · Engineering · Ethics and Social Impacts of AI · Free Will and Agency · Law · Psychology · Psychology of Moral and Emotional Judgment · Social Psychology

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Unique citing works3
Citations per year3
Citation span2025 - 2026 (2)
Citation velocitycurrent
Highly citedNo
Citation typesNeutral: 3

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