Negative Fault Elements and Artificial Intelligence Systems

Abstract

Negative fault elements are defenses, in which the court is bound to consider when imposing criminal liability upon the defendant, if claimed. Defenses in criminal law are complementary to the mental element requirement. Both deal with the offender’s fault concerning the commission of the offense. The mental element requirement is the positive aspect of fault (what should be in the offender’s mind during the commission of the offense), whereas the general defenses are the negative aspect of fault (what should not be in the offender’s mind during the commission of the offense).