legal judgments
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2021 ◽  
Vol 11 (23) ◽  
pp. 11080
Author(s):  
Minjung Park ◽  
Sangmi Chai

Since there are growing concerns regarding online privacy, firms may have the risk of being involved in various privacy infringement cases resulting in legal causations. If firms are aware of consequences from possible cases of invasion of online privacy, they can more actively prevent future online privacy infringements. Thus, this study attempts to predict the probability of judgment types caused by various invasions within US judicial cases that are related to online privacy invasions. Since legal judgment results are significantly influenced by societal factors and technological development, this study tries to identify a model that can accurately predict legal judgment with explainability. To archive the study objective, it compares the prediction performance by applying five types of classification algorithms (LDA, NNET, CART, SVM, and random forest) of machine learning. We also examined the relationship between privacy infringement factors and adjudications by applying network text analysis. The results indicate that firms could have a high possibility of both civil and criminal law responsibilities if they distributed malware or spyware, intentionally or non-intentionally, to collect unauthorized data. It addresses the needs of reflecting both quantitative and qualitative approach for establishing automatic legal systems for improving its accuracy based on the socio-technical perspective.


2021 ◽  
Author(s):  
Dongjin Li ◽  
Ke Yang ◽  
Lijun Zhang ◽  
Dawei Yin ◽  
Dezhong Peng
Keyword(s):  
Class A ◽  

2021 ◽  
Vol 2021 (1) ◽  
Author(s):  
Kuo-Ming Hung ◽  
Li-Ming Chen ◽  
Ting-Wen Chen

AbstractTrademarks are common graphic signs in human society. People used this kind of graphic sign to distinguish the signs of representative significance such as individuals, organizations, countries, and groups. Under effective use, these graphic signs can bring maintenance and development resources and profits to the owner. In addition to maintenance and development, organizations that have obtained resources can further promote national and social progress. However, the benefits of these resources have also attracted the attention of unfair competitors. By imitating counterfeit trademarks that appear, unfair competitors can steal the resources of the original trademark. In order to prevent such acts of unfair competitors, the state has formulated laws to protect trademarks. In the past, there have also been researches on similar trademark searches to assist in trademark protection. Although the original trademark is protected by national laws, unfair competitors have recently used psychological methods to counterfeit the original trademark and steal its resources. Trademarks counterfeited through psychology have the characteristics of confuse consumers and do not constitute infringement under the law. Under the influence of such counterfeit trademarks, the original trademark is still not well protected. In order to effectively prevent such trademark counterfeiting through psychology, this article proposes new features based on trademark design and Gestalt psychology to assist legal judgments. These features correspond to a part of the process that is not fully understood in the human visual system and quantify them. In the experimental results, we used past cases to analyze the proposed assistance system. Discussions based on past judgments proved that the quantitative results of the proposed system are similar to the plaintiff or the judgment to determine the reasons for plagiarism. This result shows that the assistance system proposed in this article can provide visually effective quantitative data, assist the law to prevent malicious plagiarism on images by unfair competitors, and reduce the plagiarism caused by the similar design concepts of late trademark designers.


2021 ◽  
pp. 2631309X2110178
Author(s):  
Eduardo Carvalho Nepomuceno Alencar ◽  
Bryant Jackson-Green

In 2014, the most prominent anti-corruption investigation in Latin America called Lava Jato, exposed a Brazilian corruption scheme with reverberations in 61 countries, resulting in legal judgments for nearly 5 billion USD in reimbursements thus far. This article applies the synthetic control method on data from 135 countries (2002–2018) to test the hypothesis that Lava Jato impacts the Worldwide Governance Indicators in Brazil. The findings reveal that Lava Jato negatively affects control of corruption, the rule of law, and regulatory quality. There are signs of possible improvement in at least the corruption and the rule of law measures. This paper brings value to the criminological body of literature, notably lacking in the Global South.


2021 ◽  
Author(s):  
Sara Cowan

Discussion of alibi believability has typically focused on the influence of the strength of the corroborating evidence. Little is known about the influence of the content of alibi narratives on legal judgments. The current studies explored the role of moral desirability of alibi activities on judgments about an alibi, the strength of the evidence against a suspect, and the probability of the suspect’s guilt as well as on recall performance. The role of Right-Wing Authoritarianism (RWA) and the alibi context were also evaluated. Alibi content did not affect judgments about alibis or evidence, but did influence perceptions of probability of suspect guilt. Morally undesirable and desirable alibis were both more memorable than neutral alibis. RWA was related to participants’ decisions regarding the alibi, the physical evidence, and the suspect’s likelihood of guilt. Finally, statements described as alibis were viewed with greater skepticism than statements described as narratives.


2021 ◽  
Author(s):  
Sara Cowan

Discussion of alibi believability has typically focused on the influence of the strength of the corroborating evidence. Little is known about the influence of the content of alibi narratives on legal judgments. The current studies explored the role of moral desirability of alibi activities on judgments about an alibi, the strength of the evidence against a suspect, and the probability of the suspect’s guilt as well as on recall performance. The role of Right-Wing Authoritarianism (RWA) and the alibi context were also evaluated. Alibi content did not affect judgments about alibis or evidence, but did influence perceptions of probability of suspect guilt. Morally undesirable and desirable alibis were both more memorable than neutral alibis. RWA was related to participants’ decisions regarding the alibi, the physical evidence, and the suspect’s likelihood of guilt. Finally, statements described as alibis were viewed with greater skepticism than statements described as narratives.


2021 ◽  
Author(s):  
Sara Cowan

Alibis are a potentially powerful piece of evidence for innocence, but examination of criminal cases suggests that honestly offered alibis may fail to prevent wrongful convictions. Currently, little is known regarding how evaluators judge the credibility of alibis. Three studies investigated the effect of alibi moral desirability, suspect race (White/Indigenous Canadian), alibi evidence strength, and Authoritarianism on participants’ legal judgments. Participants read a fictitious police file (Experiment 1: N = 300; Experiment 2: N = 286) or newspaper article (Experiment 3: N =235) and rated a male suspect’s/defendant’s statement honesty, alibi accuracy, and the likelihood of his guilt, among other dependent measures, then completed the Authoritarianism-Conservatism-Traditionalism scale (ACT; Duckitt et al., 2010) and, in Experiment 3, the Revised Religious Life Inventory (Hills et al., 2005). In Experiments 1 and 2, participants were asked to sign a petition supporting the suspect. Results indicated that providing an alibi can be beneficial or detrimental to the suspect, depending on contextual factors and the narrative itself. In Experiments 1 and 2, alibi moral desirability affected participants’ responses, though different patterns emerged at Ryerson and at Iowa State, and moral desirability influenced judgments primarily for the Indigenous suspect. Consistent with Olson and Wells’ (2004) taxonomy, Experiment 1 showed that the strength of the physical evidence supporting an alibi is a primary determinant of judgments of its credibility. In Experiment 3, participants provided less favourable ratings for the Indigenous defendant than the White defendant, particularly when they already had more negative general feelings about Indigenous people, though this was not found in Experiment 2. More participants signed the petition when the alibi was morally desirable at Iowa State, and for the Indigenous suspect. Across all studies, higher scores on the ACT’s Authoritarianism subscale were associated with responses that were less favourable for the suspect/defendant, and many participants did not accurately define the term “alibi.” Understanding the complexities of decision-making in this context will help us better understand why some (honest) alibis are rejected, and how stereotypes and assumptions regarding the alibi provider may lead to bias in the investigation and adjudication of criminal cases.


2021 ◽  
Author(s):  
Emma Rempel

The recent emergence of electronic courtrooms (i.e., courtrooms that are equipped with advanced digital technologies) has generated novel ways to present evidence to jurors. Computer-generated animations, which recreate or illustrate the alleged sequence of events in a crime, are increasingly being used by lawyers to present testimonial evidence to jurors. The current study used a 3 (modality: oral vs. static visual vs. animation) x 2 (congruence: incongruent vs. congruent) between-subjects design to investigate whether presentation modality and evidence congruence affect jurors’ ability to properly evaluate evidence and render ‘accurate’ verdicts. In a laboratory setting, mock jurors (N = 238) read a transcript from a fictitious second-degree murder trial. Participants read testimony from eight witnesses, and heard the oral testimony of the defendant with a static visual aid, a computer-generated animation, or no visual aid. Results demonstrated that mock jurors were more likely to acquit the defendant when his testimony was illustrated with a computer-generated animation compared to a static visual aid or with no additional aid. Research in this area can inform the development of evidentiary regulations which adequately govern the admissibility of computer-generated animations in the courtroom, so as ensure that they are used in a way that maintains a defendant’s right to a fair trial. Keywords: computer-generated evidence, computer animations, legal decision-making, information processing, electronic courtrooms


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