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QUESTION 1 – SECTION B
Artificial intelligence is the ability of a computer or robot controlled by a computer to
do tasks that are usually done by humans because they require human intelligence
and discernment, even though they can’t do all things humans do, AI has an impact
on society, they do tasks in a quick, safer and efficient manner. Artificial intelligence
has also shortcomings such as exacerbating racism by standardizing people and
costs people jobs resulting to a greater employment.1 Artificial intelligence has the
ability to reason, discover meaning, generalize and learn from past experiences
however it is difficult to regulate it due to its problem characteristics associated with it
and below are the explanations to the above assertion. Problem characteristics of
Artificial intelligence make it exceptionally difficult to regulate, yet it has a great role it
plays in the economy and society, the hurdle for regulation stem from the manner in
which Artificial intelligence is researched and developed that by basic problem of
regulation of the actions of the autonomous machines. This in some kind of way
gives artificial intelligence an advantage since there is a high degree of proving harm
done to the aggrieved parties that seek compensation. Any regulation that would
attempt to tame Artificial intelligence define it however there has not been a standard
definition that could be easily used for the regulation function. The definition hurdle
lies not only in the artificiality concept but also in the intelligence ambiguity since
intelligence is mostly tied to humans thus regulation faces lots of difficulties.
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Below are the problematic characteristics of Artificial intelligence.
First, the ability of Artificial intelligence to act autonomy, and being able to foresee2
this means, the software does various activities that are complex, such as assistance
or supervision and each day that possess, it shows that more activities shall be --- by
Artificial intelligence in the future, this is likely to lead in the decline in demand for
human labour both for the educated and uneducated personnels. The concept of
foreseeability also possess a challenge to the legal work this is because machines
can reason like human beings this can be seen in various programs such as chess
that are computer oriented using human techniques, such creativity are an outcome
resources available to special A1 programs accompanied with Artificial intelligences
power got from biases that affect humans.
Secondly, there is a feature of research and development, discreet, diffuse, discrete3
and Opaque4. This guides on how Artificial intelligence does it tasks, under this
Artificial intelligence operates with limited visible infrastructure, work on a single
component of Artificial intelligence system could be designed in different places and
of different times without need of coordination and opacity denotes the possibility
that the inner workings of Artificial intelligence may be kept a secret and may not be
susceptible to reverse engineering. Each of these features is shared to, varying
degrees work on many technologies in the information age, but they present
particularly unique challenges in the contact.
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Thirdly, the problem of characteristic of Artificial intelligence is control5, humans
cannot control machines that are programmed to act with considerable autonomy. It
has a number of mechanisms by which a loss of control may occur, a malfunction
such as a corrupted file/ physical damage to input equipment, a security breach
raises the most interesting issues because it creates the possibility that a loss of
control might be the direct but unintended consequence of a conscious design
choice. Control once last may be difficult to regain if the Artificial intelligence is
designed with features that permit it to learn and adapt. These are the characteristics
that make Artificial intelligence, a potential source of public risk on a scale that for
exceeds the familiar forms of public risk that are solely the result of human behaviour
loss of control can be broken down into two varieties, this occurs when the Artificial
intelligence system can no longer be controlled by the human/ humans legally
responsible for its operations and supervision. A loss of general control occurs when
the Artificial intelligence system can no longer be controlled by any human. Some
artificial intelligence can’t align with those of the public at large. Unfortunately,
ensuring such an alignment of interests and objectives may be quite difficult,
particularly since human values are themselves nearly impossible to define with any
precision.
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NUMBER 2 – SECTION A
Forensic evidence is evidence obtained by scientific methods such as ballistics,
blood tests and DNA test, for investigations and mainly for the purpose of court
proceedings6. The evidence collected is subjected to a forensic laboratory for
purposes of retrieval, authentication and analysis of digital information and its clearly
an exact copy of the specific storage device where such information is stored.
Forensic evidence plays a huge role in solving the most, violent and brutal of cases
as well as completely non-violent cases thus it’s a very aspect in the administration
of justice. Forensic evidence requires very critical analysis to be used in prosecution
of criminal and civil proceedings7.
Firstly, forensic evidence is used by investigators in cases of sexual assault and here
there is use of DNA evidence to prove and disapprove allegations of rape/child
molestation. DNA is an organic substance found in every living cell and gives an
individual a personal blue print it can be extracted from semen, hair, urine, body
fluids among others and was first used in England in the Enderby case 8. In the case
of Aunda Samson V Uganda9, the appellant challenged the court decision since they
did not use DNA tests to arrive that impregnated however this was rejected in
conclusion in forensic evidence is very vital in administration of justice.
Secondly, forensic evidence is used in cases that are in line with loss of life that is to
say murder, manslaughter among others basically the investigators’ concentrate on
securing the finger prints of the offender, sweat, blood left behind by the offender
and further tracing can be done using items used that is to say clothing, guns among
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others.In the case of Godi Hussein V Uganda10, the appellant was convicted at
murdering his wife, the evidence relied on was because the sail at the scene of crime
matched with what was under his shoes offer it was subjected to laboratory test.
Thirdly, forensic evidence, cases work of expert witnesses especially in drugs and
DVI cases, these test unidentified substances that were found on an individual to
confirm whether or not they are cocaine or any other prohibited substances. Forensic
toxicology also determines whether a driver was impaired at the time they were
involved in accident and lastly in anti-doping matters, forensic evidence has been
used to realize the Athletes that use drugs to enhance their performance, in the case
of hence Armstrong11, the USADA tack a decision to stop the renowned cyclist, after
it was discovered that he had performance enhancing substances in his body.
In addition, to the above, forensic evidence plays a great role in administering of
justice in cyber-crimes, that are committed through circuits of machines such as
phones, and computers, many offenders leave traces behind in data bases and
documents scattered through the digital world. Forensic computer specialists use
technology to discover the truth. In the case of Uganda V Guster Nsubuga and 3
others12, the accused were charged under the computer misuse Act that is to say for
unauthorised use and electronic fraud, prosecution witness (10) was the manager of
forensic investigations told court he used forensic imaging and analysis from
attached disk to get evidence to held the accused accountable.
Furthermore, forensic evidence to link crimes that are thought to be related to
another here law enforcement authorities get to know the pattern of the illegal
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activities carried out by the accused so as to be able to press various charges on the
accused. DNA is used to know the person behind the various crimes. In England, in
the case of Collin Pitch fork13, the forensic evidence was used to identify the murder
of two girls who he has also raped, he was identified through using a semen sample.
Forensic evidence is used in administration of justice where paternity of the child is
in dispute by the technique of DNA is usually put to use to ascertain whether a
particular child belongs to the decease/particular further and such technique is
usually not challenged since its conclusive and it can rarely give biased results. In
Re Nassozi Immaculate14, the Applicants challenged the guardianship order that was
granted on grounds of the child was an orphan, however upon carrying out a DNA,
the applicants were her parents thus forensic evidence plays a role in matters of
percentage.
Evidence can be presented to court through various modes mainly for the purpose of
proving or disapproving a question under inquiry this comprises of testimonies,
documents, photographs, maps and video tape this is usually accompanied by sworn
testimonies on both direct and cross examination regardless of who called the
witness exhibits received into evidence and the facts to which all lawyers have
agreed or stipulated , arguments and statements by lawyers are not evidence
therefore in order to support the evidence provided it must be collaborated very well
to convince the judge forensic evidence is so practical in nature that it shall be make
admission of evidence easily it is always backed up with reality i.e. in case of being
held accountable he/she will have finger prints on the crime scene or their DNA in
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nature of sweat or blood left at the scene thus forensic evidence makes it easier to
convince court to reach a decision.
Lastly, forensic evidence is large when there is need for collecting evidence
especially where the subject matter ceases to exist for example in case one has
been found dead and there is need to identify the body, authorities shall apply DNA,
to confirm the person identity, determine the cause of death.
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REFERENCES.
 COMPUTER MISUSE ACT
 CASE LAW
 AARON. M. KESSER, LAW LEFT BEHIND AS HANDS FREE CARS ARISE
MAY 3RD 2015.
 ARTIFICIAL INTELLIGENCE. WHAT IT IS USED BY JACKER FRANKEN
FIELD
 ASPETAR SPORTS MEDICINE JOURNAL.
 WWW.LAW INSIDER.COM
 US LEGAL.COM
 DATA CYPHER.COM
 PROPUBLICA, "MACHINE BIAS: THERE’S SOFTWARE USED ACROSS
THE COUNTRY TO PREDICT FUTURE CRIMINALS. AND IT’S BIASED
AGAINST BLACK
 DENNIS J, BAKER, ARTIFICIAL INTELLIGENCE AND THE LAW
 MARK CHINEN, LAW AND AUTONOMOUS MACHINES
 KATE CROWFORD, ATLAS OF AI
 WOODROW BARFIELD RESEARCH HANDBOOK ON THE LAW OF AI BY
WOODROW BARFIELD
 HENRY ARSLANIAN, FABRICE FISCHER, PALGRAVE M FUNDAMENTALS
OF ARTIFICIAL INTELLIGENCE.
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COMPUTER AND THE LAW COURSE WORK (L4219)
REG NUMBER; 19/U/20279/PSA
STUDENT NUMBER; 1900720279.