Criminal Domain Research Articles

DuaPIN: Auxiliary task enhanced dual path interaction network for civil court view generation

Civil court view generation (CCVG) is a novel but important task for legal intelligence that aims to automatically generate a judge’s opinion based on the plaintiff’s claims and fact descriptions to interpret the judgment result. The task is more challenging than criminal court view generation as the latter generates views based only on criminal facts as input, whereas the CCVG must consider both the plaintiff’s claims and civil facts under the principle of “no claim, no trial.” However, current approaches still follow criminal domain practices to solve problems in civil cases. Moreover, the explicit modeling of the potential correspondence between claims and facts has often been neglected, as court views are required to respond to each corresponding claim based on factual evidence. To address the issues, we propose a dual path interaction network augmented by two self-supervised auxiliary tasks (named DuaPIN), which follows a bionic design by simulating the thinking logic of judges when writing opinions. Specifically, we construct a structurally symmetric Transformer-based dual path multi-encoder–decoder model such that the two inputs, claim and fact, contribute equally to the generation of civil court views. Moreover, an auxiliary task enhanced (ATE) training paradigm using multiple DuaPIN decoders is proposed to explicitly model the potential correspondence between claims and facts. Extensive experiments on public legal document dataset demonstrated that DuaPIN achieves competitive performance compared with previous methods and offers certain performance improvements to popular pre-trained language models via the ATE training method.

Comparing relationships between single types of adverse childhood experiences and health-related outcomes: a combined primary data study of eight cross-sectional surveys in England and Wales

ObjectivesAdverse childhood experiences (ACEs) show strong cumulative associations with ill-health across the life course. Harms can arise even in those exposed to a single ACE type but few studies examine...

Dinamika Kedudukan Hukum Jaksa sebagai Pengacara Negara Pasca Undang-Undang Kejaksaan

The paradigm of society against the institution of the Indonesian Prosecutor's Office is generally only in criminally charged cases only. This is because, the role of the Prosecutor is quite central in the criminal law enforcement process. This research uses normative juridical methods by reviewing primary and secondary legal materials, which are then processed and presented to solve the problems that the authors raised in this study. The results and discussion showed, the Prosecutor is not only what is commonly known in the criminal domain, namely the Public Prosecutor, but there is also a State Attorney's Office. The prosecutor as a public prosecutor has the authority to carry out the prosecution and execution of court decisions. Meanwhile, the prosecutor as the state attorney is authorized in the civil and administrative affairs of the state to act through a power of attorney authorized for it both as a plaintiff and a defendant. Second, the latest prosecutor's law provides legal certainty and existence with the inclusion of the phrase "State's Attorney" on the role of the Attorney General in addition to being the highest Public Prosecutor. The conclusion is that the Prosecutor's Office acts not only in the criminal domain, but civil and state governance. The latest Law of the Prosecutor's Office becomes a regulation that is expected to strengthen the authority of the Indonesian prosecutor's institution to enforce the law in Indonesia and strengthen the existence of the Prosecutor as a State Lawyer in the juridical state.

The Phenomenon of Civil Dispute Claim Settlement Through Police Report a Restorative Justice Approach

This research was initiated by the phenomenon of civil disputes which were reported to the police, so what was originally civil disputes became criminal domain. The principle of restorative justice is a breakthrough in the criminal legal system seeks to provide justice to the parties (especially to the victims) by prioritizing recovery to its original state (before crime happened) and restore good relationship in the society, instead in factual (das sein) restorative justice was used to resolve civil cases such as account receivable claim or bad debt through police reports, which theoretically (das sollen) account receivable claim or bad debt should be resolved through the mechanism of civil law proceedings. The author chooses qualitative research method type of document study (literature study) using primary data and secondary data as sources of data in this study, including examining police regulations and restorative justice books written by police writers, police practitioners who are also academics, to understand the problems and to answer the research questions, as well as to achieve the research objectives. From this research the authors found that there is privilege in using criminal approach that was not found in the civil law proceedings, and by using the principle of restorative justice it is more possible for the parties to reconcile in a criminal case.

An Annotated Corpus of Crime-Related Portuguese Documents for NLP and Machine Learning Processing

Criminal investigations collect and analyze the facts related to a crime, from which the investigators can deduce evidence to be used in court. It is a multidisciplinary and applied science, which includes interviews, interrogations, evidence collection, preservation of the chain of custody, and other methods and techniques of investigation. These techniques produce both digital and paper documents that have to be carefully analyzed to identify correlations and interactions among suspects, places, license plates, and other entities that are mentioned in the investigation. The computerized processing of these documents is a helping hand to the criminal investigation, as it allows the automatic identification of entities and their relations, being some of which difficult to identify manually. There exists a wide set of dedicated tools, but they have a major limitation: they are unable to process criminal reports in the Portuguese language, as an annotated corpus for that purpose does not exist. This paper presents an annotated corpus, composed of a collection of anonymized crime-related documents, which were extracted from official and open sources. The dataset was produced as the result of an exploratory initiative to collect crime-related data from websites and conditioned-access police reports. The dataset was evaluated and a mean precision of 0.808, recall of 0.722, and F1-score of 0.733 were obtained with the classification of the annotated named-entities present in the crime-related documents. This corpus can be employed to benchmark Machine Learning (ML) and Natural Language Processing (NLP) methods and tools to detect and correlate entities in the documents. Some examples are sentence detection, named-entity recognition, and identification of terms related to the criminal domain.

Deception as a Condition for Cancellation of an Arbitration Award in Indonesia

The phrase "deception" is one of the elements of the crime as a condition for the cancellation of an arbitration award, which is contained in the substance of Article 70 letter c of the Indonesia Arbitration and Alternative Dispute Resolution Law No. 30 of 1999. Elimination of explanation of Article 70 of Law No. 30 of 1999, the author sees that there is legal obscurity to the meaning of "deception" as a condition for the cancellation of an arbitration award. The norms as contained in Article 70 are the realm of criminal law, which in the settlement process is different from the realm of settlement through arbitration. This article is normative legal research with a statutory and conceptual approach. The result of this research is to explain and analyze the meaning of "deception" contained in the substance of Article 70 letter c of Law No. 30 of 1999 as a condition for the cancellation of an arbitration award. Whereas the element of "deception" which is used as a condition for the cancellation of an arbitration award in the arbitration settlement process is a criminal domain, so to prove this element must first be proven in the realm of criminal justice to obtain permanent legal force from the panel of judges. Elements of a criminal act cannot only be suspected but must be proven first.

Legal Consequences Of Blocking The Certificate Of Land Rights (Case Study At Sidoarjo District Land Office)

Blocking a certificate of land rights carried out by the Land Office or BPN is a form of legal effort to protect the object of land rights by establishing a temporary freeze on land rights to legal actions and legal events on the land. The applicant blocking a certificate of land rights filed a request to block his land object at the Sidoarjo Regency Land Office due to several factors that influence the applicant to block the certificate or in accordance with his legal interests. The purpose of this study is to determine the legal consequences of blocking on land title certificates at the Sidoarjo Regency Land Office and to determine considerations for the Sidoarjo Regency Land Office in accepting and rejecting applications for blocking land certificates. This research uses an empirical juridical approach research method using data collection techniques such as from books, scientific journals, news articles, official documents, legislation, and interviews to solve the problem formulation. Data analysis method used is a qualitative research method of primary and secondary data. The results of the study can be concluded that due to the blocking of certificates of land rights at the Sidoarjo Regency Land Office is not able to take legal actions such as the transfer of rights or the imposition of rights to the object of land that is temporary. In addition, blocking is done as a form of prevention so that certificates of land rights are not abused by parties with bad intentions. Consideration of a request for a certificate block can be accepted on the grounds of a court suit due to a land dispute, an order from the court for investigation in the criminal domain, an illegal act, and a lost land certificate. An application can be rejected due to unclear reasons and the applicant has no legal interest or relationship.

Enhancement for graph operations in relational database for criminal intelligence domain

Enhancement for graph operations in relational database for criminal intelligence domain

PROTECTION OF CHILDREN’S PERSONAL DATA IN THE DIGITAL WORLD BASED ON NATIONAL AND INTERNATIONAL LEGAL FRAMEWORK

The crime of children’s data in the digital world is one of the causes of the rampant crime of bullying, fraud, theft, sexual harassment, exploitation and abduction which leads to the trafficking of people who make children victims. The method used in this paper is a juridical-normative comparative legal research method. The result shows that the Convention on the Rights of Child Convention 1989 (CORC) does not regulate the personal data in the digital world comprehensively. So far, countries in the world, including Indonesia, have only relied on the international legal framework. It is recommended, including international guidelines issued by several international organizations such as the Organization for Economic Co-operation and Development (OECD), Asia Pacific Economic Cooperation (APEC), and the International Telecommunication Union regarding the guidelines for parents and children in 2016. Indonesia already has a set of legal rules that are used as a basis for protecting children’s rights in the digital world. Based on these rules, the protection of children’s data in the digital world is included in the private and criminal domain. These Legal Frameworks show that the government is passive in protecting children’s data in the digital world because the responsibility of child safety and security when online is still focused on the parents or guardians of the child.

JURIDIST REVIEW OF PURCHASE ORDER AS COLLATERAL GUARANTEE

Related to the current economic development, causing renewal of the object supported by receivables. One of them is the use of purchase orders as objects of collateral receivables. In this study, the observant is using the normative juridical method with data collection and management methods that is using a library research techniques or library studies. Purchase orders as collateral for receivables in view of positive Indonesian law are acceptable. If it is reviewed from Indonesian positive law, the purchase order is included in the fiduciary guarantee category as the binding agreement that has been regulated in Article 9 paragraph 1 of Law Number 42 Year 1999 concerning Fiduciary. Purchase orders are movable objects as well as receivables which contain approved commercial documents. Based on the results of appropriate research in the field, it was also found that the form of this Fictitious purchase order is a fake purchase order is an invalid or not available purchase order. Purchase orders made by the buyer or vendor are not genuine or are not genuine. Referring to Article 1320 of the Civil Code the tourism object approved is fictitious in accordance with previously agreed financial agreements that are null and void by law and can be accounted for by suing on the basis of a lawsuit against the PMH (Act Against the Law), in addition to that purchase orders that serve as collateral objects is fictitious then it can also become a criminal domain.

Managerial Judicial Conflict Resolution (JCR) of Plea Bargaining: Shadows of Law and Conflict Resolution

English Abstract: This article focuses on a procedure that is nowadays the central door to criminal law in Israel - “Plea Bargains Facilitating Day” (“Moked”). It examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. Judicial conflict resolution (JCR) includes any activity by judges which aims to encourage an agreement between the parties to enable the closure of the legal case parties without the need of a full judicial procedure and the writing of reasoned judgment. In the criminal context, it includes judicial activity meant to influence the charges and the sentencing as stipulated within the plea agreement between the prosecution and the defense. To characterize the proceeding and gain an understanding of the judge’s role both in practice and in theory in this proceeding, we conducted quantitative and qualitative analyses on data collected from observations of 717 hearings in 704 criminal cases, in the Tel Aviv Magistrates Court on Moked days. Furthermore, we conducted a comparison of our findings with previous findings in the civil domain. The Moked days, as determined by law, are meant for the conduct of preliminary proceedings on indictments, with the aim of limiting the factual or legal dispute, in whole or in part. This is in order to obviate the need for the presentation of evidence and bring the matter to a conclusion during the preliminary proceeding. We found that the trial reduction goal was largely achieved, as less than 8% of the cases in the plea bargain hearings that we observed were transferred to the trial stage. The importance of this finding is the indication that the Moked days were not just the exclusive entryway to the criminal process, but in most cases also constituted the exit. We also found that on average, 5.55 (SD=3.62) hearings were required for disposing of a case and the average duration of a legal proceeding from indictment to closure was 548.55 (SD=323.17) days. Those figures are significantly higher than the figures from past years and may point out that the conduct of these proceedings did not necessarily achieve efficiency and simplification of the criminal process. We found that during the preliminary proceedings the judges function as gatekeepers and employ a variety of practices to exhaust that function, in order to obviate the need to conduct a further evidentiary proceeding in the case. In most of the hearings that we observed, the judges’ role was confined to managerial-bureaucratic decisions, mostly technical, intended to enable the parties to craft the terms of the plea bargain by themselves. Only in a small share of cases, the judges took an active role in promoting the plea bargain’s terms, mainly when the parties ran into difficulties agreeing by themselves. In a tiny fraction of the cases, their intervention was of a therapeutic nature or fulfilled some other social role. The judges’ interventionist activities to promote a plea bargain included promoting, both narrowly and broadly, litigotiation between the parties; forecasting the judicial outcome; negatively presenting the judicial process; using lawyer-client relations to promote agreement, using soft techniques, and enhancing the defendant’s motivation. These findings were compared to previous findings on the roles of judges in civil proceedings in the framework of the vanishing trial. Civil judges conduct a preliminary proceeding in only 30% of the cases, while 70% of the cases are closed without ever reaching the judge. Contrarily, in the criminal process, judges conduct all of the cases. We found that while civil judges were involved to a great extent in the cases they conducted, criminal judges were actively engaged in only 16.8% of the hearings we observed. In the remaining hearings, judges interventions were minimal, and their role confined to supervising the negotiations conducted outside the court. This article points to ways to close the gaps between the criminal and civil domains by promoting an active secretariat. Also discussed is the possibility of expanding a therapeutic and preventative approach in the framework of criminal judicial conflict resolution during the Moked days.

Managerial Judicial Conflict Resolution (JCR) of Plea Bargaining

This article examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. It focuses on judicial conflict resolution (JCR), which is any activity conducted by judges in order to promote consensual disposition of legal cases, in “Plea Bargains Facilitating Days” (moqed) in Tel-Aviv Magistrate’s Court. We conducted quantitative and qualitative analyses of data collected from observations of 717 hearings in 704 criminal cases and found that, on average, 5.55 (SD = 3.62) hearings were required for disposing of a case, and the average duration of a legal proceeding from indictment to closure was 548.55 (SD = 323.17) days. In most of the hearings the judges’ role was confined to managerial-bureaucratic decisions intended to enable the negotiation between the parties. JCR activities occurred in only 16.9 percent of the hearings, and we identified six types of JCR practices in the promotion of plea bargains: narrow and broad facilitation of negotiations between the parties, forecasting the legal outcome, negatively presenting the judicial process, using lawyer-client relations to promote agreement, and using Alternative Dispute Resolution (ADR) techniques. These findings are compared to previous findings on the roles of judges in civil pretrial proceedings, and the more active role of the civil judge in promoting settlements is discussed. We further discuss the possibility of expanding a therapeutic and rehabilitative approach in the framework of criminal JCR during preliminary hearing days, which become today the main door of criminal justice.

The Issue of the Commercial Court Limited Competency in Settling the Commercial Disputes

The people’s need for justice through a special court is perceived urgent from time to time. The Commercial Court is an ad-hoc court but its competency has affected the competency of other permanent courts that are already established. The problems need to be answered in this writing regarding the multifunction of Commercial Court. The objectives of the writing, inter alia, to examine the possibility of the Commercial Court has specific rules to restrain its competency. Consequently, there is a need to have a law that specifically limits the competence and the procedural law of the ad-hoc court. The Commercial Court often resolves bankruptcy disputes. It is also used as a solution for the Intellectual Property Rights (IPR) disputes which should be able to enter the criminal domain. It can also be used to solve the Islamic financing issues and other business issues that should be the realm of a permanent judicial institution. The existence of such a rule that limits the competency of the Commercial Court can be a way out of fulfilment of needs of the judiciary to reduce the overlap of court competency among the Indonesian judicial institutions

Deviating From the Cybercriminal Script: Exploring Tools of Anonymity (Mis)Used by Carders on Cryptomarkets

This work presents an overview of some of the tools that cybercriminals employ to trade securely. It will look at the weaknesses of these tools and how the behavior of cybercriminals will sometimes lead them to use tools in a nonoptimal manner, creating opportunities for law enforcement to identify and apprehend them. The criminal domain this article focuses on is carding, the online trade in stolen payment card details and the consequent criminal misuse of such data. However, these findings could be applied more broadly, as many of the analyzed tools are used across (cyber) criminal domains. This article is a continuation of earlier work, in which a crime script analysis of 25 carding tutorials presented the tools that cybercriminals use to cash-out stolen payment card details while remaining anonymous. We use these tutorials and an analysis of the literature to identify how they can be used incorrectly and create a typology of potential behavioral and technological pitfalls in these tools. Finally, we conclude that finding pitfalls in the usage of tools by cybercriminals has the potential to increase the efficiency of disruption, interception, and prevention approaches. However, in future work, interviews with law enforcement experts and convicted cybercriminals or still active users should be used to analyze the operational security of cybercriminals in more depth.

Confiscation and fundamental rights across criminal and non-criminal domains

Confiscation is one important component of contemporary policies against serious crimes. International organisations are increasingly encouraging national legislators to introduce more effective and incisive tools to deprive criminals of the illicit gain, even in the absence of a final conviction. The risks of abuses and interferences with fundamental rights are, however, evident. On several occasions, the European Court of Human Rights (ECtHR) has dealt with cases involving various forms of confiscation, but many aspects are still debated. This article aims to provide an overview of the variegated case law from Strasbourg, highlighting recent and possible future developments.

History of violence and other stressful life events in youth offenders

According to Law 5/2000, which regulates the criminal responsibility of minors, minor offenders are those who commit crimes or offenses established in the Penal Code or special criminal laws between 14 and 18 years. Those with judicial measures of internment present the most complex and disadvantaged situation. It has been evidenced the association between the experience of stressful life events in childhood and adolescence and a subsequent emotional and/or behavioral maladjustment, therefore, this study aims to know the stressful life events of a sample of youth offenders institutionalized in a minors center. For this purpose, the reports of 72 young people (79.2% men) were analyzed. The juvenile offenders presented a vital trajectory characterized by the experience of numerous stressful non-normative vital events typified as serious or very serious in the family, social, school, psychological and criminal domain. The findings are discussed in terms of prevention and treatment planning for antisocial and delinquent behavior in juvenile offenders.

Towards a Legal Rule-Based System Grounded on the Integration of Criminal Domain Ontology and Rules

This research aims to define an integrated strategy for modelling legal norms in the criminal domain for supporting the legal reasoning. For this purpose, OWL-DL criminal domain ontology is captured from legal texts, using a middle-out approach, and legal rules are then formalized based on the ontology. The goal is to construct a legal rule-based decision support system for the Lebanese criminal domain, grounded on the integration of the criminal domain ontology and set of logic rules which are defined using the expressive ability of SWRL rule language.

The Robustness of EU Financial Crimes Legislation: A Critical Review of the EU and UK Anti-Fraud and Money Laundering Scheme

In this paper we set out to chart the European Union’s (EU) genesis of fighting crime as partly one of establishing the EU as an “Area of Freedom, Security and Justice” (AFSJ) and partly one of facilitating the EU internal market creation and the establishment of a global market place. We provide an overview of the current complexities facing the EU in its current struggles for a reformation and against statist approaches by focusing on the law on financial crimes and its contemporary challanges. When viewed in an historical perspective the EU’s tactic in the fight against financial crimes appears to depart from the classic internal market-based formula of the removal of obstacles for market creation and thereby ventures into the EU criminal law domain with all of its inherent complexities, without an adequately matured legal framework to endorse its policies from within. Second, to the extent that the EU adopts the market theory template in the EU policy area of ‘Freedom, Security and Justice’, there are global elements to the EU’s sanction policies. These features confirm a hybridity in which legal sources are interacting within the AFSJ field. We aim to critically assess the current state of play of the regulation of financial crimes in the contemporary EU. Furthermore, the paper focuses on recent developments in the area of financial crimes by looking at the framework for EU anti-fraud legislation: OLAF, the proposed EU Public prosecutor, the function of Eurojust and the proposed Directive of the European Parliament and of the Council on the fight against fraud to the Union's financial interests by means of criminal law. Specifically, we discuss the way the Fourth Anti-Money Laundering Directive came about and if, as claimed by the EU itself, it equips the EU with the right legal toolkit for fighting money laundering and terror financing. We also set out to scrutinize the constitutional implications of an increased powers vested in the EU Agencies in this area as powerful players for EU enforcement and we discuss the question of accountability as well as the problem of a human rights deficit in this area. We end however on a happier note by looking at the judiciaries concern to maintain individual data protection and the EU Court of Justice as a guarantee of proportionality and reasonableness in European legislative action.

Forensic Psychology and Law

Preface vii Acknowledgments ix Chapter 1 Introduction to Psychology and Law: Civil and Criminal Applications 1 Chapter 2 Forensic Assessment in Criminal Domains 29 Chapter 3 Civil Forensic Assessment 59 Chapter 4 Forensic Treatment 97 Chapter 5 Eyewitness Identifi cation 119 Chapter 6 Police Investigations, Interrogations, and Confessions 147 Chapter 7 Juries and Legal Decision Making 173 Chapter 8 Juveniles in the Legal System 207 Chapter 9 Police Psychology 239 Chapter 10 Correctional Psychology 269 Chapter 11 Psychology, Law, and Public Policy 299 Chapter 12 Ethics and Professional Issues 323 Author Index 341 Subject Index 351

When is youths' debt to society paid off? Examining the long-term consequences of juvenile incarceration for adult functioning.

To examine the long-term consequences of juvenile incarceration on functioning in adulthood (ages 27-33). Propensity score analysis was used to compare incarcerated youth with those who were never incarcerated in a subsample of individuals who had experienced at least one police contact in adolescence. Data were drawn from the Seattle Social Development Project (SSDP), a multiethnic, gender balanced community sample. Youth who were incarcerated in adolescence were more likely to experience incarceration at ages 27, 30, or 33, more likely to meet criteria for alcohol abuse or dependence, and more likely to be receiving public assistance than similar youth who were never incarcerated. Results show that juvenile incarceration is not only ineffective at reducing criminal behavior later in life, but that there are also unintended consequences for incarceration beyond the criminal domain. Furthermore, it appears that once a youth becomes involved in the juvenile justice system, there is a higher likelihood that he/she will remain tethered to the criminal justice system through the transition to adulthood. Given these long-term deleterious outcomes, it is recommended that suitable alternatives to juvenile incarceration that do not jeopardize public safety be pursued.