Adversarial Process Research Articles

Implementation of the principle of competitiveness of the parties and free- dom in the presentation of their evidence to the court in the criminal process of some countries of the world

One of the tasks of criminal proceedings is to protect the individual, society and the state from criminal offenses, which is achieved through the implementation of other tasks, in particular, by ensuring a rapid, complete and im-partial investigation and trial. In this case, any procedural decisions in criminal proceedings must be based on evi-dence that serves as a kind of link between the event of a criminal offense and the consciousness of the investigator, prosecutor, investigating judge, court. Evidence itself is the main content of criminal procedure in both the pre-trial investigation and in the judicial stages of criminal proceedings in most countries.The authors note that the Constitution of Ukraine as one of the main principles of justice provides for adversarial parties and freedom in providing the court with their evidence and proving their persuasiveness before the court. Factor The Criminal Procedure Code of Ukraine has significantly expanded the scope of this principle of the do-mestic criminal process, including in the field of evidence. Thus, the defense, as well as the prosecution, was given the opportunity to collect evidence during the pre-trial investigation, as a result of which the right of the parties and other participants in criminal proceedings to submit evidence (things and documents) is becoming increasingly important.The article also examines that the principles of criminal procedure in France include: the principle of formality, prosecution, legality, equality, dignity, protection of the victim, urgency of the trial, presumption of innocence, publicity, oral and adversarial proceedings. And the main principles of the criminal process in Germany include: the principle of formality (publicity); the principle of charge; the principle of legality and the principle of compulsory research. A characteristic feature of modern law in the field of criminal procedure in the United States is the consis-tent expansion of the institution of delegated legislation. The US Congress has delegated to the Supreme Court the right to establish rules of criminal procedure that have the force of federal law.

GENERAL AND SPECIAL THEORY OF THE CRIMINAL PROCESS OF UKRAINE

Introduction. The criminal process in Ukraine is based on the basic principles of legal theories of Anglo-Saxon law. Adversarial proceedings are defined as a criminal lawsuit, on the basis of which the investigator is obliged to initiate criminal proceedings and support public prosecution. A retrospective analysis of the theoretical constructions of general theories of the criminal process in Ukraine shows their construction on the basis of Romano-Germanic provisions of continental Europe, where the basis is the publicity of the process and criminal prosecution by criminal justice authorities. In this case, the construction of general and particular theories of the process of Ukraine has a significant legal difference. Summary of the main research results. The main differences can be considered on the basis of optimization constructions, procedural economy, application of criminal repressions connected with restriction of the rights, freedoms and interests of participants of criminal proceedings. It should be noted that the current criminal procedure law does not define, to the end, the concept of general and private theories of process. Conclusions. The article offers theoretical aspects and practical solutions to emerging problems on the basis of the criminal process of Ukraine, the construction of theoretical approaches based on Anglo-Saxon law, which is important for optimizing the criminal process of Ukraine.

Establishment and Development of the Adversarial Principle in the Criminal Process

The article is devoted to studying the history of the origin and development of adversarial principles in criminal proceedings. The evolution of the adversarial principle in the criminal process is studied in chronological order, in historical retrospective. Based on the development of legal regulations and the level of public administration, specific historical periods related to the development of the adversarial principle in criminal proceedings are distinguished. A retrospective suggests that adversarial proceedings should be taken as the basis for the organization of the entire criminal process. Only in this case, it is possible to clearly separate the functions of prosecution, defence, and resolution of criminal proceedings at all its stages and give the parties equal opportunities to provide evidence and defend their positions.

Securing IoT Devices: A Robust and Efficient Deep Learning with a Mixed Batch Adversarial Generation Process for CAPTCHA Security Verification

The Internet of Things environment (e.g., smart phones, smart televisions, and smart watches) ensures that the end user experience is easy, by connecting lives on web services via the internet. Integrating Internet of Things devices poses ethical risks related to data security, privacy, reliability and management, data mining, and knowledge exchange. An adversarial machine learning attack is a good practice to adopt, to strengthen the security of text-based CAPTCHA (Completely Automated Public Turing test to tell Computers and Humans Apart), to withstand against malicious attacks from computer hackers, to protect Internet of Things devices and the end user’s privacy. The goal of this current study is to perform security vulnerability verification on adversarial text-based CAPTCHA, based on attacker–defender scenarios. Therefore, this study proposed computation-efficient deep learning with a mixed batch adversarial generation process model, which attempted to break the transferability attack, and mitigate the problem of catastrophic forgetting in the context of adversarial attack defense. After performing K-fold cross-validation, experimental results showed that the proposed defense model achieved mean accuracies in the range of 82–84% among three gradient-based adversarial attack datasets.

The Impact of COVID-19, Facilitative Mediation, Early Intervention, and the new Visual Online Dispute Resolution - Part 2

The Impact of COVID-19, Facilitative Mediation, Early Intervention, and the new Visual Online Dispute Resolution - Part 2

THE CONSTITUTIONAL RIGHT TO A JURY TRIAL AND A FAST TRIAL: THE EXPERIENCE OF THE UNITED STATES

The article is devoted to the consideration of the constitutional right to a trial by a jury, as well as the right to a speedy trial in accordance with the provisions of the Sixth Amendment to the US Constitution. It is noted that as of today in Ukraine there is a question of ensuring the actual (real) participation of the people in the administration of justice and the creation of an appropriate mechanism for the realization of such a right of the people. It is established that the permanent evolution of the jury trial in the world as a full-fledged element of participatory democracy allows us to assert the possibility of applying the best foreign experience in this area and for Ukraine. It is noted that the jury trial, which is typical for the United States, is undoubtedly a consequence of the borrowing of English legal customs, but has its own special features. It has been established that the right to a speedy trial should be distinguished from other constitutional rights, as it concerns the interests of society and the justice system more than the interests of the accused. The circumstances that suggest whether a trial is in fact "fast" are rather vague, as each such proceeding is to some extent unique. The requirements for members of the jury are set out in the Jury Selection Act. It is noted that the release of jurors varies depending on the state. One of the grounds for such dismissal is professional activity. For example, doctors, lawyers, public figures, police or firefighters. At the same time, this practice is gradually ceasing to be natural. It is concluded that the jury trial as a form of public participation in the administration of justice is undoubtedly a democratic legal institution. Direct democracy in the exercise of judicial power, which is carried out in compliance with the principles of publicity and adversarial proceedings promotes the establishment of citizens' faith in the fairness of judicial decisions.

The value of the general tort in the process of proving the dispute

In this article an author determines the composition of the general tort, which in modern domestic legal doctrine consists of harm, wrongful conduct of the perpetrator, the causal link between the actions of the perpetrator and the consequences of harm, and the fault of the perpetrator on the examples of scientific works and law enforcement practice,. It is pointed out that the court must establish all the elements of a general tort as a necessary condition for the occurrence of civil liability for damage caused by actions or omissions. Given the principle of adversarial proceedings, it is justified to clearly distinguish between the parties to the tort dispute the obligation to prove the presence or absence of a particular element of the general tort. There have been cases of incorrect borrowing from the decisions of the Supreme Court by the courts of lower instances of the citation on the distribution of such a duty and its use as mandatory to consider the conclusion when choosing and applying the rule of law to the disputed relationship. Meanwhile, the use of a separate phrase taken out of the context of a court decision in a particular case with the relevant parties, as mandatory to consider the conclusion, leads to the substitution of causation and affects the distribution of responsibilities for proving elements of a general tort between the parties. In this connection, the defendant is unreasonably obliged to prove not only his absence of guilt, but also his non-involvement in the damage. Although, according to scientific research, as well as a long-standing law enforcement tradition of proving the existence of damage, its size, illegal behavior of the perpetrator, the causal link between the damage and the wrongful acts of the perpetrator is the responsibility of the person who appropriately claims and asks to protect his/her violated right. Keywords: general tort, damage, reparation, obligation to prove, composition of the tort, causation, guilt.

Using Peacemaking Circles to Indigenize Tribal Child Welfare

Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child welfare system is incentivized to “save” children from perceived economic, cultural, and geographic ills through an adversarial process. Extended family, community members, and cultural connections have minimal voice or value. These underpinnings inform federal policies that influence all child welfare systems, including tribal child welfare systems. The result is that tribal child welfare systems perpetuate the individual, rights-centric, adversarial child welfare system that harms Indigenous families.
 Indigenous children have the right to maintain connections to their Indigenous family, tribal nation, culture, and cultural education. These rights translate into obligations the community owes to the child to ensure that these connections are robust. Tradition-based systems of dispute resolution—frequently called “peacemaking,” among other names, but which we will call “circle processes”—offer a hopeful alternative.
 Circle processes are rooted in an Indigenous worldview that perceives an issue, particularly a child welfare issue, as evidence of community imbalance that directly impacts the community, and conversely, imparts an obligation on the community to respond. Through the circle, family and community can complete their natural reciprocal relationship.
 Tribal child welfare has the potential to be a transformative system that promotes community, family, and children’s health and the self-determination and sovereignty of tribes. This Article outlines the ways in which the modern tribal child welfare system has been structured to compartmentalize families and perpetuate historical federal policies of Indian family separation. This Article then suggests that circle processes are a framework for re-Indigenizing the tribal child welfare system to not just improve outcomes (for which it has the potential to do), but to also honor the interconnected, responsibility oriented worldview of Indigenous communities. Ultimately, however, tribes should lead that re-Indigenization process, whether through a circle process framework or otherwise.

Adversarial imitation learning with mixed demonstrations from multiple demonstrators

The aim of generative adversarial imitation learning (GAIL) is to allow an agent to learn an optimal policy from demonstrations via an adversarial training process. However, previous works have not considered a realistic setting for complex continuous control tasks such as robot manipulation, in which the available demonstrations are imperfect and possibly originate from different policies. Such a setting poses significant challenges for the application of the GAIL-related methods. This paper proposes a novel imitation learning (IL) algorithm, MD2-GAIL, to enable an agent to learn effectively from imperfect demonstrations by multiple demonstrators. Instead of training the policy from scratch, unsupervised pretraining is used to speed up the adversarial learning process. Confidence scores representing the quality of the demonstrations are utilized to reconstruct the objective function for off-policy adversarial training, making the policy match the optimal occupancy measure. Based on the Soft Actor Critic (SAC) algorithm, MD2-GAIL incorporates the idea of maximum entropy into the process of optimizing the objective function. Meanwhile, a reshaped reward function is adopted to update the agent policy to avoid falling into local optima.Experiments were conducted based on robotic simulation tasks, and the results show that our method can efficiently learn from the available demonstrations and achieves better performance than other state-of-the-art methods.

Exploring the emotional burdens and impact of medical negligence litigation on the plaintiff and medical practitioner: insights from Ireland

AbstractArguments for reform of the dynamic of medical negligence litigation in Ireland frequently centre on temporal and financial concerns. However, as the field of law and psychology has continued to grow, a body of international literature has emerged which recognises that litigation can have a destructive emotional impact on its participants, particularly in the context of medical negligence disputes.This paper contributes to the discourse on law-caused harms through a critical exploration of the emotional burdens of medical negligence litigation from the perspective of both the plaintiff and medical practitioner, with reference to the findings of an empirical study (interviews with barristers, patient support groups, and medical professional bodies) and the literature. Whilst the temporal and financial efficiency of medical negligence litigation is important, if litigation can cause emotional harm, this should be considered a serious, undesirable effect of the traditional adversarial process, and may have broader implications for reform in this area.

DAST: Unsupervised Domain Adaptation in Semantic Segmentation Based on Discriminator Attention and Self-Training

Unsupervised domain adaption has recently been used to reduce the domain shift, which would ultimately improve the performance of the semantic segmentation on unlabeled real-world data. In this paper, we follow the trend to propose a novel method to reduce the domain shift using strategies of discriminator attention and self-training. The discriminator attention strategy contains a two-stage adversarial learning process, which explicitly distinguishes the well-aligned (domain-invariant) and poorly-aligned (domain-specific) features, and then guides the model to focus on the latter. The self-training strategy adaptively improves the decision boundary of the model for the target domain, which implicitly facilitates the extraction of domain-invariant features. By combining the two strategies, we find a more effective way to reduce the domain shift. Extensive experiments demonstrate the effectiveness of the proposed method on numerous benchmark datasets.

The Adversarial Proceedings Principle in the Civil Process

One of the most important principles of civil process is the adversarial proceedings principle. This principle characterizes the civil process from its beginning in the trial in the court of first instance, in the court of appeal, until its conclusion in the High Court. Moreover, with the new changes that have been made in the civil procedural law, this principle finds application even before the beginning of the trial in the first instance. According to these changes, the party against whom the lawsuit is filed, before the trial against this party begins, has the right to present its claims against the lawsuit, in a document called “Declaration of defence”, leaving enough time for the fulfillment of this right for a period of 30 days. This scientific work will consist of tëo main issues. The first issue will address the meaning and importance of the adversarial proceedings principle in the civil process. In this issue, two different systems will be analyzed in the application of this principle, analyzing the advantages and disadvantages of each of them. The second issue will analyze the elements of the adversarial proceedings principle, looking at these elements in practical terms and the consequences that their non-implementation may bring. In this scientific work, the adversarial proceedings principle will be seen as part of the fair legal process provided by the Constitution of Albania and analyzed in several decisions of the Constitutional Court of Albania. This principle will also be addressed in the framework of international law, focusing on the way in which this principle is expressed in Article 6 of the European Convention on Human Rights and in the decisions of the Strasbourg Court regarding the fair legal process. At the end this scientific work will be given its conclusions, as well as the bibliography where this work is based.

Oklahoma

The case of White Star Petroleum, LLC v. MUFG Union Bank, N.A. presented two questions of state law certified to the Oklahoma Supreme Court by the United States Bankruptcy Court for the Western District of Oklahoma: (1) Are the “trust funds” create[d] by Title 42 O.S. § 144.2, entitled “Creation and Appropriation of Trust Funds for Payment of Lienable Claims,” limited to obligations due nonoperator joint working interest owners, or do such funds include payments due [to] holders of mechanic’s and materialmen’s liens arising under and perfected by Title 42 O.S. § 144? (2) Does the Oil and Gas Owners’ Lien Act of 2010 grant an operator and non-operator working interest owner a lien in proceeds from purchasers of oil and gas which is prior and superior to any claim of the holder of a mechanic’s and materialmen’s lien asserted under Title 42 O.S. § 144? The above questions were certified to aid in the bankruptcy court’s resolution of two particular adversarial proceedings.

Alternative Dispute Resolution (ADR) Hybrid in Cameroon as a Form of Legal Protection for Consumers of Defective Products

As part of the awareness creation exercise, this paper seeks to establish that consumers of defective products in Cameroon should be exposed to the various extra-judicial channels once they can be adopted by Government and through which the consumers can enforce their rights. This is known as Alternative Dispute Resolution (ADR). The acronym ADR is a group of flexible approaches which could be applied in resolving disputes related to defective products more quickly and at a lower cost than going through the tedious road of adversarial proceedings. ADR mechanisms generally are intended to mean alternatives to the traditional court process. Their adoption will involve the use of impartial interveners who are referred to as “third parties” or “neutrals”. On the whole, the choice of a consumer redress mechanism is a choice between judicial and non-judicial mechanisms. The paper argues that, considering the difficulties encountered by the consumer within the adversarial system, the non-judicial mechanisms are more impactful and satisfactory to consumers than the judicial. It is equally argued that the judicial mechanisms depict a certain level of risk taking, that is, the risk of winning or losing and hence going without a remedy. This risk factor is much lower in the non or extra – judicial system or mechanism which reveals that in appropriate circumstances, the producers using the good customer relation basis, are minded to compensate even where the consumer’s claim is baseless. In this wise, it is therefore necessary to encourage the utilization of the extra - judicial mechanisms in resolving consumer complaints. Expediency, speed and low cost no doubt support this call.

Adversarial Gaussian Denoiser for Multiple-Level Image Denoising.

Image denoising is a challenging task that is essential in numerous computer vision and image processing problems. This study proposes and applies a generative adversarial network-based image denoising training architecture to multiple-level Gaussian image denoising tasks. Convolutional neural network-based denoising approaches come across a blurriness issue that produces denoised images blurry on texture details. To resolve the blurriness issue, we first performed a theoretical study of the cause of the problem. Subsequently, we proposed an adversarial Gaussian denoiser network, which uses the generative adversarial network-based adversarial learning process for image denoising tasks. This framework resolves the blurriness problem by encouraging the denoiser network to find the distribution of sharp noise-free images instead of blurry images. Experimental results demonstrate that the proposed framework can effectively resolve the blurriness problem and achieve significant denoising efficiency than the state-of-the-art denoising methods.

SeqVAE: Sequence variational autoencoder with policy gradient

In the paper, we propose a variant of Variational Autoencoder (VAE) for sequence generation task, called SeqVAE, which is a combination of recurrent VAE and policy gradient in reinforcement learning. The goal of SeqVAE is to reduce the deviation of the optimization goal of VAE, which we achieved by adding the policy-gradient loss to SeqVAE. In the paper, we give two ways to calculate the policy-gradient loss, one is from SeqGAN and the other is proposed by us. In the experiments on them, our proposed method is better than all baselines, and experiments show that SeqVAE can alleviate the “post-collapse” problem. Essentially, SeqVAE can be regarded as a combination of VAE and Generative Adversarial Net (GAN) and has better learning ability than the plain VAE because of the increased adversarial process. Finally, an application of our SeqVAE to music melody generation is available online12.

КРИМІНАЛЬНЕ ПРОВАДЖЕННЯ: ПРОБЛЕМНІ ПИТАННЯ ПОНЯТІЙНО-КАТЕГОРІЙНОГО АПАРАТУ

The article analyzes the changes in the conceptual and categorical apparatus of the sciences of the criminal-legal block in connection with the updating of the criminal and criminal procedural legislation of Ukraine. Reforming of criminal and criminal procedural legislation in Ukraine, normative introduction of new terms has created a certain cognitive dissonance in the system of concepts and categories, which negatively affects both law enforcement activities and research of legal phenomena. It is noted that the normative introduction of new categories into circulation without proper theoretical justification generates a number of contradictions in solving many problems of criminal proceedings. The necessity of bringing the concepts and categories of the branch and applied sciences of the criminal-legal block to a systematic nature is stated, which is the key to making correct procedural and tactical decisions in the course of criminal proceedings. The conclusion is formulated that the conceptual-categorical apparatus acquires the qualities of systematic and consistency only when the process of forming concepts and categories consistently goes through all the stages – from theoretical hypotheses (sentences) to their practical testing and legalization. The development of the conceptual and categorical apparatus of the sciences of the criminal law block (its system and consistency) is an important tool of cognitive activity in research and in the practical activities of criminal proceedings. As experience shows, it is inevitable to avoid gaps and contradictions in legislation and scientific concepts, which put, in particular, pre-trial investigation bodies, in a dead end and cause dubious decisions in the conditions of adversarial process. The stated position, of course, concerns certain problematic concepts and categories, does not claim the status of absolute truth and recognition and is an invitation to further analysis of this issue.

Computational ghost imaging based on the conditional adversarial network

A framework of computational ghost imaging based on the conditional adversarial network is proposed to efficiently implement the reconstruction of object images in this research. Although the traditional ghost imaging can recover object images with a few amount of measured intensities and corresponding speckle patterns, the visual quality of reconstructed images is seriously influenced by a lot of noise. To solve this issue, a conditional adversarial network is designed to improve the quality of the noisy images reconstructed by the traditional ghost imaging. The objective function is composed of multiple loss metrics, which avoid suffering from training instability of the network. Especially, the combination of critic loss and gradient penalty metrics guarantees that a wide variety of network architectures are used as the generator and almost no hyperparameter tuning is required in the network. Most importantly, the proposed network can be trained with simulated data without spending a long time to collect the practical training samples and considering the experimental condition. After training, the parameters of the network such as kernel weights of convolution filters are optimized from the adversarial process between the generator and the discriminator, object images can be perfectly reconstructed at a very low sampling ratio. Through the simulated and optical experiments, it is demonstrated that the proposed method has much better performance than other methods such as the traditional and compressive-sensing-based methods.

Тactical and Forensic Bases of Judicial Activity

The purpose of the work is to determine the essential content and structure of the information model of tactical and forensic activities of the court in the modern realities of the functioning of adversarial criminal proceedings. The main tasks implemented to achieve the objectives of the study: 1) analysis of the determinants of the court»s tactical and criminalistic activity; 2) development of a system of tactical and criminalistic postulates that characterize the basis of the tactical and criminalistic component of judicial activity. In the process of work, methods of analysis and synthesis were used, system, formal legal and other methods were used. The result of the research is the formation of a modern conceptual information model of tactical and forensic activities of the court.

Robust graph convolutional networks with directional graph adversarial training

Graph convolutional networks (GCNs), an emerging type of neural network model on graphs, have presented state-of-the-art performance on the node classification task. However, recent studies show that neural networks are vulnerable to the small but deliberate perturbations on input features. And GCNs could be more sensitive to the perturbations since the perturbations from neighbor nodes exacerbate the impact on a target node through the convolution. Adversarial training (AT) is a regularization technique that has been shown capable of improving the robustness of the model against perturbations on image classification. However, directly adopting AT on GCNs is less effective since AT regards examples as independent of each other and does not consider the impact from connected examples. In this work, we explore AT on graph and propose a graph-specific AT method, Directional Graph Adversarial Training (DGAT), which incorporates the graph structure into the adversarial process and automatically identifies the impact of perturbations from neighbor nodes. Concretely, we consider the impact from the connected nodes to define the neighbor perturbation which restricts the perturbation direction on node features towards their neighbor nodes, and additionally introduce an adversarial regularizer to defend the worst-case perturbations. In this way, DGAT can resist the impact of worst-case adversarial perturbations and reduce the impact of perturbations from neighbor nodes. Extensive experiments demonstrate that DGAT can effectively improve the robustness and generalization performance of GCNs. Specially, GCNs with DGAT can provide better performance when there are rare few labels available for training.