what makes ai special here? a person following an SOP that involves polling an incomplete dataset will have the same 2-3 months in jail
People often tend to stop in these situations.
Judicially, you can hold a person accountable for "accidentally" killing 100+ children easier than you can a technology system. The technology system will always be used as the scapegoat for the government's atrocities.
I'm not sure why the "people make mistakes too" crowd can't seem to grasp this concept.
The person can be sued for negligent, retaliatory, and otherwise crappy decision making.