AI AS ACCOMPLICE: SHARED RESPONSIBILITY BETWEEN HUMANS AND MACHINES

Abstract

The growing reliance on artificial intelligence in domains that shape human conduct and social order has fundamentally unsettled traditional notions of criminal liability. This chapter interrogates the emerging phenomenon of algorithmic harm through the lens of accomplice liability, arguing that artificial intelligence systems increasingly function as active facilitators of unlawful outcomes rather than passive instruments. By examining the diffusion of agency across designers, deployers, users, and automated systems, the chapter develops a framework of shared responsibility that responds to the realities of human–machine interaction. Drawing upon criminal law theory, constitutional values, and ethical governance principles, the chapter contends that existing liability doctrines—rooted in individual intent and direct causation—are insufficient for addressing algorithmic misconduct. It proposes a recalibrated model of criminal responsibility that preserves human accountability while recognizing the structural and systemic dimensions of AI-mediated harm.