Crime Cases Research Articles

Individual Features of Violent Crime Offenders Regarding Offender’s Sex

Given the fact that in today's world are more and more different types of violence, this paper deals with individual features of violent crime offenders. The results presented in this paper are part of the scientific research project entitled Croatian Violence Monitor – A Study of the Phenomenology, Etiology, and Prosecution of Delinquent Violence with a Focus on Protecting Particularly Vulnerable Groups of Victims. Secondary data sources were used for the research sample, namely collected court cases of violent crimes committed on the territory of the Republic of Croatia. The objective of the paper was to obtain better insight into certain individual features of violent crime offenders regarding the relationship between the offender and the victim, the offender's marital status at the time of the crime, the offender's parenthood, the offender's disability, the risk of belonging to a particular group, the offender's monthly income, the offender's level of education and the offender's employment at the time of the crime. The specific objective of the paper was to establish the differences in analyzed features considering the offender’s sex. From the point of view of practice, this paper provides certain feedback to experts from various professions who deal with the issue of violence. The analyzed data showed that most offenders of both sexes completed secondary school lasting up to three years (male sex - 65%; female sex - 54.4%), so these data are extremely important for experts in the educational system in terms of prevention of future acts of violence through additional education of students on the harmfulness and consequences of violence.

Применение видов наказаний за убийство супруга или супруги во второй половине XIX – начале XX века (на материалах Тверской, Ярославской и Тобольской губерний)

The article is devoted to the study of law enforcement practice in criminal cases of crimes directed against the life of one of the spouses in families of the Tver, Yaroslavl and Tobolsk provinces in the second half of the 19th – early 20th centuries. The authors examine the class affiliation of the parties, the authorities in which cases of murder of wives and husbands were considered, the causes of the crimes. Particular attention is paid to the analysis of legislation on various types of murders: intentional and accidental, intentional and vice versa, committed in a fight, in conspiracy, due to a painful state of mind and intoxication, due to light and severe beatings, poisoning. Both gender motives have been identified: male – jealousy (“severe insult from the murdered person”), female – the desire to avoid the threat of deprivation of life, and general – the intention to get rid of the obstacle to entering into a new marriage if the killer has a lover, hatred of spouse. The authors highlight aggravating and mitigating circumstances of crimes committed by spouses, as well as the existing methods to help avoid punishment.

Considerations of (Non)-Application of Immunity of State Officials from Foreign Jurisdiction in Cases of International and Transnational Crimes

Abstract This article examines the scope and limitations of jurisdictional immunities afforded to high-ranking state officials accused of international and transnational crimes in foreign courts, including international courts. It discusses how international law balances the immunities granted to facilitate international relations and uphold state sovereignty against the need to address serious crimes that threaten the international community as a whole. The analysis delves into key legal debates and landmark cases shaping the understanding of these immunities. A focal point of the analysis is the work of the International Law Commission (ilc) on the topic of Immunity of State Officials from Foreign Criminal Jurisdiction, particularly Draft Article 7. It is argued that ilc’s Draft Article 7, while explicitly clarifying the application of immunity in international crime cases, also provides valuable insights into the scope of immunity for transnational crimes. Transnational crimes, like corruption, are fundamentally private acts carried out for personal gain, regardless of whether they are committed by someone in an official capacity or utilizing the resources and instrumentalities of the state. Therefore, these acts cannot be considered official and do not trigger the application of immunity ratione materiae. By highlighting the implications of Draft Article 7, the article contributes to the broader understanding of how international law can reconcile the need for state officials to perform their duties without fear of foreign prosecution with the necessity of holding them accountable for serious crimes. It suggests a more restrictive approach to immunity, particularly concerning transnational crimes, thereby enhancing the potential for legal accountability for offending state officials.

Analysis of Public Response to The Use of Chemical Castration for Sexual Offenders in Indonesia

Sexual violence includes various immoral behaviors such as sexual insults, touching unauthorized body parts, viewing and sending unwanted sexual and pornographic images, forced participation in sexual and pornographic activities, rape, sexual torture, female genital mutilation, sexual exploitation, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, forced abortion, and intentional infection with sexually transmitted diseases such as AIDS. Sexual crimes also occur in a state of war, mainly as a tool to oppress a country. In Indonesia, Law no. 17 of 2020 lists chemical castration as one of the solutions in preventing repeat sexual crimes for children. Chemical castration is one of the sanctions that is condemned by the world community but has a major impact in reducing the rate of sexual crime cases. This study aims to analyze the results of the response received by the community to the existence of chemical castration punishment in sexual offenders. The research method in this study uses the type of empirical research and the nature of qualitative research, with data collection methods in the form of questionnaires and secondary data from interviews from youtube and other written documents. The results of this study. Of the 100 respondents who agreed to the existence of chemical castration by answering yes and strongly agreeing, reaching 60%. Doubts about the success of the implementation of chemical castration can have a deterrent effect on sexual offenders. However, most people agree that the existence of chemical castration needs to be carried out not only pedophilia but also perpetrators of sexual crimes against women).

Perbandingan Alasan Penghapusan Pidana Untuk Subjek Hukum Korporasi di Belanda dan dalam Undang-Undang No 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana

Regulations regarding the excuses of crime justification crimes will be regulated in the draf to criminal law code, regarding the justification excuses that are owned by individual swhorelated with the corporation which also can beused by the corporation in the same crime case. In the new KUHP bill, we are different from the old KUHP because the old KUHP still uses the Societas delinquere non potest principle, which means that corporations (legal entities) cannot commit criminal acts and cannot be held criminally accountable either. How ever, along with the development tof the era with the number of cases involving corporations as perpetrators of criminal acts, the Criminal Code that we currently use has been revised, with the National Criminal Code Bill. The change islocated in Article 45 paragraph 1 of the Draft Criminal Code, which states that corporations arecriminal subjects. This research is normative juridical research that uses a Comparative Approachand a Statute Approach. The legal materials used are primary legal materials and secondary legalmaterials. The results of this study are that the Draft Criminal Code and the Special Law have notregulated the criminal liability of corporations committed by the private sector. Where in the Netherlands these arrangements have been regulated in the Dutch Penal Code in Article 328ter paragraph (1) and Article 328ter paragraph (2).

Penegakan Hukum pada Kejahatan Cyber Crime Produsen yang Mempekerjakan Endorsement untuk Mempromosikan Kosmetika Ilegal Melalui Instagram

Internet users in Indonesia are increasing, in 2021 the development of Internet use is increasing rapidly as many as 7,000 samples come from Indonesia and all provinces in Indonesia and is growing from 8.9% to 73.7%, equivalent to 196.7 million internet users. Internet use is mostly used for social media such as Instagram. However, not all Instagram users can use Instagram wisely, so many cases of cyber crime still occur in Indonesia. So this research will discuss how law enforcement deals with cybercrime by manufacturers who employ endorsements to promote illegal cosmetics via Instagram. Using normative research methods activities that will examine internal aspects (to solve problems that exist within) positive law. For cases that occur, law enforcement can be applied such as imposing criminal sanctions as explained in the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions Article 9 in conjunction with Article 62 paragraph 1 of the Law Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection which reads Business actors who violate the provisions referred to in Article 8, Article 9, Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17 paragraph (1) letter a , letter b, letter c, letter e, paragraph (2), and article 18 shall be punished with imprisonment for a maximum of 5 (five) years or a fine of up to Rp. 2,000,000,000.00 (two billion rupiah). Suggestions that consumers are obliged to report if a case like this occurs so that the implementation in law enforcement will run smoother and be eradicated quickly, similar cases will no longer exist.

A dose of nature to reduce sexual crimes in public outdoor spaces: Proposing the Landscape-Sexual Crime Model

Sexual crime is a critical global social problem. There remains a critical knowledge gap concerning whether and to what extent sexual crimes in public outdoor spaces can be influenced by landscape morphology of green spaces. This missing knowledge hinders the effective use of green spaces to reduce sexual crimes in these public settings. To address this issue, we collected a dataset comprising 5,155 cases of sexual crimes that occurred in public outdoor spaces in the United States from August 2021 to July 2022. A random forest model was employed to examine the statistical relationships between landscape morphology and sexual crimes. Additionally, we utilized the Shapley Additive Explanations (SHAP) model to quantify the interaction effects of landscape morphology with socioeconomic and demographic characteristics. This study yields three key findings: (1) Both the proportion and configuration factors of landscape morphology may significantly influence the sexual crime probability. (2) The relationships between landscape morphology and sexual crimes are nonlinear, and threshold values for the satisfactory dose and the preferred dose of green spaces can be identified. (3) There are significant interaction effects between landscape morphology with socioeconomic and demographic characteristics, emphasizing the importance of prioritizing green space interventions in socioeconomically disadvantaged areas. Lastly, through summarizing the findings of this study and previous research, we propose the Landscape-Sexual Crime Model (LSCM), which advocates for further research to explore effective strategies for using green spaces to reduce sexual crimes.

Complete and Voluntary Abandonment of the Criminal Purpose in the Notes to the Articles of the Criminal Code of the Russian Federation on Terrorist Crimes: Grounds for Application

The norms of the Criminal Code of the Russian Federation on exemption from criminal liability or noninvolvement therein are an important tool for countering crimes in general. The relevant norms contained in the notes to the articles of the Criminal Code of the Russian Federation providing for liability for terrorist crimes are no exception. Of the articles of the Criminal Code of the Russian Federation providing for liability for terrorist crimes, the relevant notes are given to Articles 205–206 and 208. However, the effective use of the possibilities contained in the listed articles may be hindered by the confusion of grounds for exemption from criminal liability and grounds excluding criminal liability inherent in them. The author make a conclusion on the need to coordinate the notes to Articles 205–206, 208 of the Criminal Code with the provisions on voluntary abandonment of a crime (Article 31 of the Criminal Code) and complete abandonment of the criminal purpose (part 2 of Article 75 of the Criminal Code). Such coordination is a necessary condition for a clear definition of the legal nature of the circumstances set out in the notes to the above articles of the Criminal Code of the Russian Federation. Currently, unambiguous grounds for differentiating these circumstances into exempting from criminal liability and excluding criminal liability are absent, which leads to contradictory and controversial conclusions when judicial authorities make decisions on cases of terrorist crimes provided for in Articles 205–206, 208 of the Criminal Code of the Russian Federation.

Pengaruh Ketimpangan Ekonomi, Tingkat Kemiskinan, Tingkat Pendidikan Dan Tingkat Pengangguran Terbuka Terhadap Kriminalitas Di Indonesia Tahun 2013-2023

Crime cases are a common problem for many countries around the world. It doesn't matter whether the country is a developed country, a developing country or a poor country. In Indonesia itself, there are still many cases of crime, many of which are caused by economic problems such as income inequality, poverty, high levels of poverty, and low levels of education which can influence crime itself. By knowing whether these economic problem variables influence crime or not, the crime problem in Indonesia can be addressed better. This type of research is included in quantitative research. In this research, we will examine economic inequality, poverty levels, education levels and poverty levels on crime in Indonesia in 2013-2023. The data used in this research is secondary data, namely data obtained from a second source during the period 2013 to 2023. The type of data used in this research is time series data. The data in this research were obtained from publications from the Indonesian Central Statistics Agency. The data collection method uses the documentation method, namely the method of collecting data on economic inequality, poverty levels, education levels, unemployment and crime rates which is carried out by taking data from various documentation or publications from the Central Statistics Agency (BPS). The research results obtained are that economic inequality has an insignificant positive effect on the crime rate, while education level, poverty level and open poverty rate have an insignificant negative effect on the crime rate.

Criminal Law Policy Regarding Criminal Responsibility for Corporate Crime (WCC) in Indonesia

White collar crime generally refers to crimes that are financially motivated and are usually committed by business professionals and government officials. White collar crime cases are difficult to track because they are usually committed by officials who have power, have the power to produce laws and play a role in making various vital decisions. White collar crime is also very difficult to be touched by the law because it occurs in a closed environment. In connection with the issues raised and researched, the method that the author will use in the context of this research is Normative Juridical which examines the issue of norms including their contradictions. In research, a distinction is generally made between data obtained directly from the public and from library materials. The regulation of corporations as subjects of criminal law is motivated by different histories and experiences in each country, including Indonesia. However, in the end there is a common view, namely that the development of industrialization and progress in the fields of economics and trade have encouraged the idea that the subject of criminal law is no longer limited to natural humans (natuurlijke person) but also includes corporations . That, as explained above, corporate crimes or also categorized as white collar crimes should be able to be held responsible for the crimes they have committed. Either use the rules of the articles in the Criminal Code or laws outside the Criminal Code as mentioned above.

Application of The Primum Remedium Principle in Corruption Crime Cases

Application of The Primum Remedium Principle in Corruption Crime Cases

KEPASTIAN HUKUM PENERAPAN JUSTICE COLLABORATOR TERHADAP PELAKU TINDAK PIDANA NARKOTIKA.

The idea of a Justice Collaborator is based on Article 37 paragraph (2) of the 2003 United Nations Convention Against Corruption (UNCAC) which states that the state is obliged to consider reducing the sentence of perpetrators who provide substantial cooperation in the investigation and prosecution of a specified crime. As of 2023, UNCAC has 190 member countries which have proven that the article regarding Justice Collaborator is an effective way to eradicate organized crime such as narcotics. The Research method is a normative juridical research, to obtain the necessary data in connection to the period issue. The data used is secondary data in consisting of primary legal materials. Besides, it used primary data to support secondary data legal materials. Data analysis was done by qualitative juridical analysis. The result of research is obtained that From the research results, it can be seen that Justice Collaborator is a form of symbiotic mutualism or mutually beneficial cooperation between Witnesses and Perpetrators of law enforcement officers where each of them gets benefits related to the disclosure of narcotics crime cases. The legal basis for Justice Collaborator began with the publication of SEMA No. 4 of 2011, Joint Regulations, to Law no. 31 of 2014. In the PSK Law, the position of Justice Collaborator is regulated as equal to Witness, Victim and Whistleblower and their rights are guaranteed by law, but in practice there are still many perpetrator witnesses who do not get leniency because in the trial the judge does not consider the testimony of the perpetrator witness to meet the requirements. as Justice Collaborator. Even though the legal basis already exists, because in the Indonesian judicial system the decision maker is the judge, the recommendation of the prosecutor or LPSK does not necessarily lighten the sentence of the perpetrator witness

Temporal Wildlife Crime Trend and Sociodemographic Attributes of Offenders in Annapurna Conservation Area, Nepal

Abstract Wildlife crime has emerged as one of the most crucial threats to biodiversity conservation and is particularly severe in south and southeast Asia. Addressing the ever-increasing challenges of wildlife crime in Nepal requires strategies informed by rigorous analysis of spatiotemporal patterns of wildlife crime. However, little do we know about the nature and trends of wildlife crimes in Nepal. Retrieving the information on the registered wild-life crime cases of Annapurna Conservation Area (ACA) from the Annapurna Conservation Area Liaison Office (ACALO) and Kaski District Court, this study assessed the temporal trend and spatial pattern of wildlife crime in the ACA from 1994 to 2019. Additionally, this study assessed the sociodemographic characteristics of the people convicted in wildlife crime cases. A total of 48 cases of crimes were registered over the last 25 years among which the majority of the cases were of poaching and wildlife trophies transportation (89.6%) mainly from Kaski district (60%). For those cases, a total of 132 people were convicted (65% from local villages and 35% from outside the ACA). About 68% of the convicted perpetrators were from Janajati ethnicity with poor economic conditions. These inferences emphasize the necessity of understanding the severity and pattern of the crime to prevent it by synthesizing and implementing conservation programs such as educating targeted groups and providing alternative sources of income.

- The Death Penalty in the Context of Human Rights (A Study of Supreme Court Decision Number 3083 K/PID.SUS/2022

Every human being has Human Rights (HAM) as a creature of God whose existence and dignity must be supported and respected. When faced with human rights, the death penalty in Indonesia in narcotics crime cases always raises pros and cons. The formulation of the problem of this article is whether the imposition of the death penalty against narcotics offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 is in accordance with human rights principles. The method used is normative juridical by analyzing laws and regulations in relation to applicable norms and data collection using the literature method. The result is that the judex facti's decision is not contrary to the law, so the defendant's cassation is rejected, because the actions of the perpetrator will greatly disturb the community and disturb the next generation if children and adolescents fall into the use of narcotics. The conclusion is shows that the death penalty for drug offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 in Indonesia is contrary to the right to life stipulated in Article 6 of the 1966 International Covenant on Civil and Political Rights, but is in accordance with Indonesian positive law, namely Law No. 35 of 2009 concerning Narcotics.

Study on International Cooperation to Address Cross-border Telecommunication Network Fraud Offence

In recent years, under the new technological environment of the international society, cross-border telecommunication network fraud crime cases are high, and various countries are faced with difficult problems of law enforcement cooperation, such as: less channels of information exchange, difficult investigation and evidence collection, low efficiency, more obstacles to investigation and arrest cooperation, slow speed and low effectiveness of recovering stolen goods. In order to achieve effective international governance of cross-border network crimes and strengthen cooperation between China and other countries, this study is based on the collection of cross-border telecommunication network fraud crimes of international cooperation cases and literature, combined with the current situation of cross-border international cooperation in China, proposed to effectively solve the problem of cross-border telecommunication network fraud international cooperation from the prevention and governance level. In order to achieve a higher level of international cooperation and governance between countries, and continuously reduce the occurrence of cross-border telecommunication network fraud cases.

Analisis Hukum Tindak Pidana Pencurian dengan Kekerasan

This research discusses the analysis of criminal acts of theft with violence, with a case study of Decision No. 448 K/PID/2016 Pekanbaru District Court. This research refers to the increase in crime cases in Indonesia, especially theft, which can harm individuals and society. This research focuses on cases of criminal acts of violent theft involving the defendant Febriadi Panjaitan Alias Adi and hiscolleagues. This research uses normative juridical methods with specifications for using primary and secondary data as well as the application of the law by judges. Criminal sanctions against perpetrators of violent theft are heavier than ordinary theft. Research findings show that the defendant and his colleagues were proven guilty of committing violent theft which resulted in the death of the victim. The Pekanbaru District Court's decision initially imposed a prison sentence of 7 years, then the Pekanbaru High Court upheld the decision by increasing thesentence to 8 years, and the Supreme Court rejected the appeal.

Reconstruction of Investigation Regulations in Absentia Criminal Corruption Cases in Indonesia Based on Justice Values

Regulations for eradicating Corruption Crimes in Indonesia have regulated the examination of cases without the presence of the defendant in Court, however examinations at the investigation stage are not regulated, thus having an impact on the effectiveness of eradicating criminal acts of corruption. The aim of this research is to analyze the regulations for investigating cases of corruption crimes that have not been fair and to explore the weaknesses in the rules for investigating in absentia cases of criminal acts of corruption in Indonesia which are based on the value of justice. The paradigm used in this research is the Constructivism Paradigm, a type of normative juridical research and the research approach used is a statutory approach, a case approach, using primary and secondary data. The research results were analyzed using qualitative descriptive methods. The results of research into in absentia investigations into cases of criminal acts of corruption can give rise to differences in interpretation among law enforcement officials ranging from Investigators, Public Prosecutors to Judges, each of whom has inherent authority in examining cases of criminal acts of corruption, especially in examining cases involving prospective witnesses. suspects, suspects and defendants are not present even though they have been legally summoned without giving a proper and reasonable reason, the legal vacuum regulating in absentia investigations of corruption cases can be used by perpetrators of corruption crimes to evade the law enforcement process by running away and can be used as an excuse not to continue the investigation and transfer the case from the investigator to the public prosecutor and can be used as a reason to refuse prosecution by the Public Prosecutor. To realize the eradication of criminal acts of corruption based on the value of justice, it is necessary to reconstruct the regulations for investigations in absentia in the Law on the Eradication of Corruption Crimes by regulating 1) the exclusion of examining witnesses before being named as suspects with conditions; 2) waiver of examination of the suspect with conditions; 3) procedures/mechanisms for examining cases without the presence of the suspect; 4) waiver of handover of responsibility for the case from the investigator to the public prosecutor without the presence of the suspect with conditions; and 5) restrictions on case examinations that can be carried out without the presence of the suspect.

Impact on Companies That Employ Underage Children

In today's development, which is developing very fast, many people justify any means to achieve the target, many people even make a job that should be done by an adult, but instead it is done by a minor. Basically, children are the forerunners of the younger generation who will continue the hopes of the nation in the future. In its implementation, children are human resources for the nation and state as determinants of the country's future and as the successor to the nation's generation. A child should be the responsibility of his parents including food security, education, environment, and the formation of a child's personality in living in society. However, in reality, there are still many underage child labor phenomena caused by economic pressures or to make ends meet, so that many parents employ their children in a company or a certain business entity. This is a violation committed by a company or an agency which in operating the company's activities involves children who are made workers in the company. Employing minors is basically an act that violates human rights because employing minors will exploit children which of course will have a negative impact on the child's development both physically, emotionally and socially. In fact, currently many companies and parents of children ignore this provision, especially in rural areas. With this phenomenon there will be a very detrimental impact on the child. Seeing this phenomenon, the author wants to express an opinion based on the results of research related to companies that employ minors by formulating a problem, namely "what is the impact of work on a child who is made a child worker by the company?" by conducting an analysis using the theory of radical victimology, namely the Marxist theory which states that it sees weak law enforcement in resolving corporate crime cases. In this study using the Normative method, then the data obtained will be analyzed qualitatively with analytical descriptive method. The purpose of this writing is to find out what impact the child will receive if this phenomenon continues and the impact on the child's future.

INSECURITY IN NIGERIA: PERCEPTIONS OF SELECTED LAGOS STATE RESIDENTS ON NIGERIA NEWSPAPERS’ COVERAGE OF CRIME ON THE GRATIFICATION OF THEIR SAFETY INFORMATION NEED

Insecurity of lives and property in Nigeria has continued unabated through crime perpetration of all kinds. All forms of violent crimes, including property crimes are reported in the newspapers virtually on daily basis. Concerned by what the feelings of the audience could be on the resonating outcome of Nigerian newspapers’ crime reportage, the attendant palpable fear, anxiety, a sense of insecurity and whether or not the newspapers’ crime stories gratified their safety information need, this study adopted a non-probability sampling technique and through an in-depth interviews probed into the perspectives of purposively selected Lagos State residents on Nigerian newspapers’ coverage of crime and the gratification of their safety information need. Adopting purposive sampling technique, a total of twelve literate respondents, across the three Senatorial Districts (Lagos Central, Lagos East and Lagos West) who had lived and worked in Lagos State for at least five years preceding the study were interviewed. Findings revealed a sense of insecurity and palpable fear among the respondents; Lagos State is prone to crime; murder, robbery, kidnapping, while payment of ransom to secure the release of kidnapped victims were rife. The study revealed that the newspapers feasted on crime stories, but embraced episodic crime reportage. The newspaper crime stories were found educative and gratified the safety information need of the reader even as the police, judiciary and the political class were found culpable in crime festering in Nigeria. The paper recommends that newspapers should engage more in investigative reporting of crime by reporting it like an epidemic while the country’s security personnel require constant intelligence report in addition to being proactive, and professional. The Judiciary should ensure the dispensation of justice in all crime cases.

Disparity of Criminal Implementation against Class I Narcotics Criminal Offenders

This research aims to analyze the occurrence of disparities in the application of criminal offenses against perpetrators of class I narcotics crimes in ten criminal decisions at the Mataram District Court, including how there are disparities in criminal decisions for perpetrators of class I narcotics crimes, how judges consider in deciding class I narcotics crime cases. The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The types of legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials using qualitative analysis. The results of the research show that the disparity in criminal decisions for perpetrators of category I narcotics crimes occurs as a result of the legal culture that colors the course of law enforcement, where in practice there is a condition where there is no unified law in terms of Sentencing Guidelines for sentencing in court. Mataram country, apart from that, there is the potential for a clash of legal norms between articles in the Narcotics Law regarding the formulation of a strict and clear separation between the roles of narcotics abusers and dealers in articles 111 - up to 127. Then it is up to the judge's consideration in making a decision at the Mataram energy court in casu is based on 2 main factors, namely: firstly, the Judge's decision is greatly influenced by the magnitude of the Prosecutor's demands, secondly, the Judge's Confidence Factor which arises from the evidence of the trial facts.