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  <front>
    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>Analysis and Prediction of Legal Judgements in the Slovak Criminal Proceedings</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Dávid Varga</string-name>
          <email>david.varga@student.upjs.sk</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Zoltán Szoplák</string-name>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Stanislav Krajcˇi</string-name>
          <email>stanislav.krajci@upjs.sk</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Pavol Sokol</string-name>
          <email>pavol.sokol@upjs.sk</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Peter Gurský</string-name>
          <email>peter.gursky@upjs.sk</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Institute of Computer Science Faculty of Science</institution>
          ,
          <addr-line>P.J.Šafárik University in Košice Jesenná 5, 040 01 Košice</addr-line>
          ,
          <country country="SK">Slovakia</country>
        </aff>
      </contrib-group>
      <abstract>
        <p>This paper uses machine learning to analyze criminal judgements in the Slovak republic to determine their adequacy and set a baseline for predicting their outcomes. First, we summarize past and recent advancements in predicting verdicts and other attributes of legal text written in different languages. We then demonstrate data preparation of all publicly available Slovak judgements, extraction of their verdicts and separation into main parts using a Slovak words inflexion dictionary called Tvaroslovník. Later we use this data to classify the judgements into acquittal or conviction using several known machine learning methods ranging from simple statistical methods such as SVM and random forests to deep learning networks based on convolution to recurrence and their combinations. We evaluate their efficiency, analyze and identify significant highly correlated terms with each result class, and offer a hypothesis as to why these terms are correlated with these results. We have found that a sequential input of word2vec embeddings combined with convolution-based deep learning methods produces the best results, achieving over 99% accuracy.</p>
      </abstract>
      <kwd-group>
        <kwd>judgement</kwd>
        <kwd>reasoning</kwd>
        <kwd>text analysis</kwd>
        <kwd>Slovak</kwd>
        <kwd>classification</kwd>
        <kwd>verdict</kwd>
        <kwd>machine learning</kwd>
      </kwd-group>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>1 Introduction</title>
      <p>Since 2016, the Ministry of Justice of the Slovak
Republic has published more than 3 million publicly available
court decisions online. These court decisions contain some
structured data, e.g. name of the judge or court, but mostly
free text. This free text contains the most relevant parts of
court decisions: the final verdict and the reasoning behind
the verdict. We aim to find a method to identify court
decisions that are not sufficiently reasoned and provide such
decisions to lawyers for a more detailed analysis.</p>
      <p>In this paper, we examine several statistical and machine
learning methods of text representation and classification,
intending to correctly predict court decisions based on the
reasoning alone.</p>
      <p>After our model is trained, the reasoning and the verdict
of the court decision will become inputs for this model.</p>
      <p>
        Copyright ©2021 for this paper by its authors. Use permitted under
Creative Commons License Attribution 4.0 International (CC BY 4.0).
The model predicts the verdict from the input justification,
comparing it with the true verdict received at the input.
Subsequently, two situations can occur. If the predicted
verdict is identical to the true verdict, we will take this
court decision as sufficiently reasoned. If the predicted
verdict differs from the true verdict, we will take such a
decision as insufficiently reasoned. The model justifies its
prediction by extracting the parts of the court’s reasoning
that most influenced the prediction of the verdict. This
paper is based on the research stated in Sokol et al. [
        <xref ref-type="bibr" rid="ref29">29</xref>
        ], in
which authors formulated their conclusions on the current
state and developing trends in the use of digital evidence
in judicial proceedings and usage of the in dubio pro reo
principle in criminal proceedings.
      </p>
      <p>To achieve a better understanding of how judgments are
reasoned, this paper aims to:
• create a classification model which can predict the
verdict of the judgement from its reasoning part;
• identify significant terms in the judgments’
reasonings closely related to the results of judgements in
the criminal proceedings (innocence or guilty).</p>
      <p>This paper is organized into six sections. Section 2
focuses on the review of past and recent advancements in
the classification of legal documents. Section 3 is devoted
to data preprocessing and judgement extraction. Section 4
describes the different methods of text representation and
the learning algorithms that will use them. The results
produced by these algorithms and their subsequent
analysis are presented in section 5, followed by the last section
containing conclusions and future works.
2
2.1</p>
    </sec>
    <sec id="sec-2">
      <title>Related works</title>
      <sec id="sec-2-1">
        <title>A statistical approach</title>
        <p>
          Predicting the results of court decisions from a statistical
point of view was addressed by Kort [
          <xref ref-type="bibr" rid="ref17">17</xref>
          ] in 1957. He
aimed to predict the cases concerning the right to counsel
from The Supreme Court of the United States. He
constructed a table with various facts of the cases paired with
certain values. A composite value was calculated for each
case by adding up all the facts’ values. If the
composite value of a particular case exceeded a certain threshold,
then the defendant was wrongly denied the assignment of
a lawyer. That way, he was able to predict successfully 12
of the 14 cases.
        </p>
        <p>
          Later, Nagel (1960 [
          <xref ref-type="bibr" rid="ref25">25</xref>
          ] and 1963 [
          <xref ref-type="bibr" rid="ref26">26</xref>
          ]) applied the
correlation analysis for court decisions. He predicted
outcomes by calculating correlation coefficients for key
variables, i.e. those which, according to the court, had the
greatest influence on the determination of the judgment.
        </p>
        <p>
          Mackaay and Robillard [
          <xref ref-type="bibr" rid="ref22">22</xref>
          ] applied the nearest
neighbour rule method to predict judicial decisions, which was
later verified by Keown [
          <xref ref-type="bibr" rid="ref14">14</xref>
          ] and compared with a linear
model.
2.2
        </p>
      </sec>
      <sec id="sec-2-2">
        <title>An approach based on artificial intelligence</title>
        <p>
          In 2018, The European Commission for the Efficiency of
Justice (CEPEJ) wrote the first European Ethical Charter
on the use of Artificial Intelligence in judicial systems and
their environment [
          <xref ref-type="bibr" rid="ref7">7</xref>
          ]. The charter summarized the basic
principles that must be respected by artificial intelligence
(AI). According to CEPEJ, AI can contribute to the
efficiency of processing a large number of documents or
resolving disputes. Still, it must be implemented
responsibly, taking into account all human rights and personal data
protection.
        </p>
        <p>
          Currently, the most commonly used methods for
predicting court decisions belong to machine learning, which
is a part of artificial intelligence. Ruger et al. [
          <xref ref-type="bibr" rid="ref28">28</xref>
          ] and Katz
et al. (2014 [
          <xref ref-type="bibr" rid="ref12">12</xref>
          ] and 2017 [
          <xref ref-type="bibr" rid="ref13">13</xref>
          ]) worked on a dataset from
the United States Supreme Court called the Supreme Court
Database (SCDB). They used methods such as the
classification trees, the extremely randomized tree, LibLinear
SVM and random forest.
        </p>
        <p>
          Ashley et al. [
          <xref ref-type="bibr" rid="ref3">3</xref>
          ] were working on computer programs
called SMILE and IBP that united case-based reasoning
and information extraction from legal texts. By extracting
information from previously decided cases, they attempted
to predict the verdicts of new cases.
        </p>
        <p>
          Aletras et al. [
          <xref ref-type="bibr" rid="ref1">1</xref>
          ] used machine learning to predict the
rulings of the European Court of Human Rights (ECHR).
Their data contained 584 judgments in English. They
extracted main features from each decision using n-grams
and trained the Support Vector Machines (SVM) classifier
on these extracted n-grams. However, they did not remove
the part of the decision in which the texts of the applicable
laws were listed from the judgments. From such lists of
laws, it was easier to predict the results of decisions. The
success rate of classification was 79%.
        </p>
        <p>
          In Medvedeva et al. [
          <xref ref-type="bibr" rid="ref23">23</xref>
          ], the authors decided to
address this limitation while also dealing with the judicial
decisions of the European Court of Human Rights. They
removed the list of applicable laws from court decisions
and used a larger number of decisions. The success of the
classification deteriorated to 77%, using the same machine
learning methods as Aletras et al. [
          <xref ref-type="bibr" rid="ref1">1</xref>
          ].
        </p>
        <p>
          Another group of researchers, Chalkidis et al. [
          <xref ref-type="bibr" rid="ref5">5</xref>
          ], also
predicted outcomes of decisions from ECHR using
BiGRU with attention, hierarchical attention network and
Label-Wise attention network. Attention scores provided
indications of which part of the case affected the
prediction the most.
        </p>
        <p>
          Sulea et al. (2017) [
          <xref ref-type="bibr" rid="ref31">31</xref>
          ] decided to predict the verdicts
of court decisions of the French Court of Cassation. They
used a linear SVM classifier to train a bag of words
instead of n-grams. They attempted to predict verdicts, the
area of law and the length of court proceedings. Later that
year, they [
          <xref ref-type="bibr" rid="ref30">30</xref>
          ] managed to increase the f1 score for each
prediction using a system based on classifier ensembles.
        </p>
        <p>
          Using the dataset from China Judgements Online (CJO),
Luo et al. [
          <xref ref-type="bibr" rid="ref21">21</xref>
          ] attempted to predict the most frequent
criminal charges and applied articles. The dataset already
contained fact descriptions from which the authors extracted
the applied articles by multiple SVM classifiers.
        </p>
        <p>
          The previous dataset was also used by Hu et al. [
          <xref ref-type="bibr" rid="ref10">10</xref>
          ], but
their task was a prediction of few-shot charges and a
prediction of ten chosen attributes. They outperformed SVM,
CNN, LSTM and the model created by Luo et al. [
          <xref ref-type="bibr" rid="ref21">21</xref>
          ] on
few-shot charges by 50
        </p>
        <p>
          In 2018, Xiao et al. [
          <xref ref-type="bibr" rid="ref32">32</xref>
          ] built a large dataset called
CAIL 2018. It contains more than two million Chinese
judicial decisions. The authors attempted to predict charges,
applied articles and length of imprisonment only using
baseline models such as SVM with TF-IDF, fastText [
          <xref ref-type="bibr" rid="ref11">11</xref>
          ]
and CNN. To make predictions easier, they used only
decisions with one defendant and decisions with frequent
charges.
        </p>
        <p>
          Using judgements from China Judgements Online,
CAIL 2018 and Peking University Law Online, Zhong et
al. [
          <xref ref-type="bibr" rid="ref34">34</xref>
          ] created a multi-task framework called TopJudge.
It uses a directed acyclic graph for subtask dependencies
and RNN for each subtask. Their subtasks were to predict
applied articles, charges, fines and terms of penalty.
        </p>
        <p>
          Long et al. [
          <xref ref-type="bibr" rid="ref20">20</xref>
          ] developed their own legal reading
comprehension model named AutoJudge, which aims to model
complex interactions among case materials and predicts
the final verdict based on fact description, plaintiffs’ pleas
and law articles.
        </p>
        <p>
          In 2020, Luz de Araujo et al. [
          <xref ref-type="bibr" rid="ref2">2</xref>
          ] created a new
Brazilian dataset called VICTOR, which contained about
692,000 annotated legal documents. Legal experts
annotated themes and a type of document (e. g. judgement and
lower court decisions) about 6,800 documents which
became a training dataset for further extraction. They used
Naïve Bayes, SVM, BiLSTM and CNN for each type of
classification, but the prediction of verdicts was not one of
their tasks.
3
        </p>
      </sec>
    </sec>
    <sec id="sec-3">
      <title>Dataset</title>
      <p>
        The dataset presented in this work contained more than 3
million court decisions issued between 2016 and the end of
Literature
Ruger et al. (2004)
Katz et al. (2014)
Katz et al. (2017)
Ashley et al. (2009)
Aletras et al. (2016)
Medvedeva et al. (2018)
Chalkidis et al. (2019)
Sulea et al. (2017) [
        <xref ref-type="bibr" rid="ref31">31</xref>
        ]
Sulea et al. (2017) [
        <xref ref-type="bibr" rid="ref30">30</xref>
        ]
Luo et al. (2017)
Hu et al. (2018)
Xiao et al. (2018)
Zhong et al. (2018)
Long et al. (2019)
Araujo et al. (2020)
2020. The court decisions covered all areas of legislation,
such as civil, family, commercial and criminal law.
      </p>
      <p>These court decisions are formatted as JSON objects,
which contain attributes such as the type of the court, the
name of the court, the name of the judge and the area
of legislation. Each object has the document_fulltext
attribute, which contains the anonymized court decision in
its original version. During the preprocessing phase, we
have been only working with this attribute and the area of
legislation attribute.</p>
      <p>There were several types of verdicts in these court
decisions, such as the obligation to pay a sum of money, the
acquittal of the defendant, the defendant’s conviction, the
rejection of the plaintiff’s pursuit and many others. To
simplify our work, we have decided to deal with criminal
law containing a verdict of conviction and acquittal.</p>
      <p>There were 226,500 court decisions concerning
criminal law. We obtained these court decisions by searching
for the value "Trestné právo" (criminal law) in the
mentioned area of legislation attribute. From these
decisions, it was necessary to extract the reasoning and the
verdict, i.e. acquittal or conviction, which were used to
train our models. After a more thorough filtration of these
court decisions, explained in subsection 3 of this section,
we ended up with 43,254 decisions with a conviction
verdict and 3,139 decisions with an acquittal verdict.
3.1</p>
      <sec id="sec-3-1">
        <title>Dividing court decisions into main parts</title>
        <p>The part of the justification that is important for training
the model was not present in the attributes of the original
JSON files. Therefore, we have decided to split each
judgment in its original form present in the document_fulltext
attribute. We divided every judgment into these parts:
• details - contains semi-structured information about
the court, the judge and the court decision. This
information is the same as the values in mentioned
attributes of JSON object;
• introduction - contains an introductory sentence in
the judgment, the name of the court, the names of
judges and defendants;
• statement - the section mentioning the verdict and the
circumstances of the indictment;
• reasoning - the part in which the judgment is
reasoned;
• judicial notice - instruction of the defendant,
admissibility of the appeal and others.</p>
        <p>The division of the judgments into mentioned parts was
not problematic because their original texts were
structured well.</p>
        <p>Subsequently, we have replaced the original
document_fulltext attribute of each JSON object with the newly
created document_divided attribute, whose value was a
JSON object with the attributes details, intro, statement,
reasoning, and judicial notice.
3.2</p>
      </sec>
      <sec id="sec-3-2">
        <title>Extraction of the verdict</title>
        <p>From observations, we have noticed that certain words are
often spelt in a way that there is a space between each
letter. The main verdicts were often written in this "spaced"
style, e.g. the phrase "j e v i n n ý" (is guilty).
We decided to extract all words longer than two from the
decision parts written in this style, and we wanted to find
out how the conviction and the acquittal were formulated.</p>
        <p>We created a finite state automaton to extract such
words in one text pass. These words are then stored in
the field of the newly created wide_words attribute.</p>
        <p>The conviction always contained in its field wide_words
the word starting with "vinn-", i.e. the beginning part
of the word "vinný" (guilty).</p>
        <p>The acquittal always contained in the wide_words field
a word starting with "oslobod-", i.e. the beginning part
of the word "oslobodzuje" (freed of charges).</p>
        <p>Based on the occurrence and co-occurrence of these two
terms, we divided the court decisions into four groups.
The first group, named none, contained all court
decisions in which neither the word beginning with "vinn-"
nor the word beginning with "oslobod-" was
mentioned. Such court decisions, for example, were requests
for parole.</p>
        <p>The second group, named both, contained court
decisions which included in the court decision both a word
beginning with "vinn-" and a word beginning with
"oslobod". Such court decisions often concerned several persons,
several of whom were acquitted and others convicted.</p>
        <p>The third group, named guilty, contained court
decisions that contained words beginning with "vinn-" and
did not contain a word beginning with "oslobod-". The
fourth group named innocent contained words beginning
with "oslobod-" and did not contain a word beginning with
"vinn-". These two groups clearly define the verdict, and
we used these two groups to train the model.</p>
        <p>Due to the inconsistency of court decisions, it happened
that a verdict was not written in "spaced" style but was
written normally. For example, the verdict "j e v
i n n ý" was written as "je vinný". We have also
extracted these forms of verdicts by searching for words
beginning with "vinn-" and "oslobod-".
3.3</p>
      </sec>
      <sec id="sec-3-3">
        <title>Filtration of court decisions based on reasonings and verdicts</title>
        <p>The first group of the court decisions that we excluded for
the training set contained those that did not have the
reasoning part. That is because, in certain cases, judges are
not obliged to fill out the reasoning section. This group
contained 130,289 decisions.</p>
        <p>We also excluded those decisions that mentioned
paragraph 172 article 2 of the Code of Criminal Procedure in
their reasoning section. This article states that if both the
prosecutor and the accused have waived their right to
appeal or have made such a statement within three working
days of the judgment, a simplified written judgment may
be issued, not stating the reasons. This meant that even
though the reasoning was present in the judgment, the
reasoning itself stated that there is no justification stated in the
judgment. We searched for the mentioning of this article
using a regular expression and removed a further 15,953
judgements.</p>
        <p>The last two groups removed from the training set were
groups based on the type of verdict, specifically the none
group, which contained 33,483 judgements and the both
group which contained 382 judgements.
3.4</p>
      </sec>
      <sec id="sec-3-4">
        <title>Further preprocessing</title>
        <p>
          For each judgment, we have split the reasoning text into
words and lemmatized them using a Slovak word form
dictionary called Tvaroslovník described in [
          <xref ref-type="bibr" rid="ref18">18</xref>
          ]. We have
also removed any non-alphabetic words and words shorter
than three characters. We have used this text as the input
and the verdict as the label. The data was split into a
training and testing set, using two-thirds as training data. Due
to the imbalance of target labels, we have downsampled
the number of guilty verdicts in the training data to match
the number of innocent examples.
        </p>
      </sec>
    </sec>
    <sec id="sec-4">
      <title>Algorithms</title>
      <p>4.1</p>
      <sec id="sec-4-1">
        <title>Text representation</title>
        <p>This section describes various representations of text and
algorithms for predicting the outcome of court decisions.
Most machine learning algorithms are incompatible with
strings of characters as input data; thus, it is necessary to
create numeric representations that preserve the syntactic
and semantic relations between words.</p>
        <p>
          A simple yet effective method of encoding is the Tf-Idf
metric described in [
          <xref ref-type="bibr" rid="ref27">27</xref>
          ]. Tf-Idf (term frequency-inverse
document frequency) is the combination of term frequency
- the number of times a given term occurs within a
document - and inverse document frequency - a metric that
describes how unique or specific a given the word is to
a document. Our vocabulary of terms contained not only
individual words but also all bigrams and trigrams. This
resulted in a large number of features even after excluding
terms that occur less than five times total in the corpus.
Therefore, we performed a c2 test to find the top 6500
terms that are most correlated with our target classes and
used them as features calculating their Tf-Idf values for
each document.
        </p>
        <p>
          While effective, this kind of encoding does not tell us
much about any spatiotemporal relations of the words
themselves. Thus, we have opted to use vector
embedding methods, namely Word2Vec and Doc2Vec which
excel at encoding context for given words and documents.
Word2Vec, described in [
          <xref ref-type="bibr" rid="ref24">24</xref>
          ] is a method for creating
embeddings from each word by concatenating two prediction
networks: CBOW, which tries to predict a word given the
words surrounding it and Skip-Gram, trying to predict the
surrounding words from the input word. We have trained
a Word2Vec encoder with an embedding size of 300 on
our dataset and used it in two distinct ways. We merely
encoded each word of the padded judicial decisions for
algorithms designed to work with sequential inputs. For
algorithms that require encoding of the entire document,
we calculated the element-wise mean, min and max values
of all the word vectors of the decision. We concatenated
them into an embedding with the size of 900. This
simplistic method of pooling allows us to create a representation
of a collection of words while still retaining semantic and
syntactic information.
        </p>
        <p>
          While the method above is somewhat effective, there
is a more relevant method of creating embeddings from a
sequence of words based on a similar principle, namely
the Doc2Vec algorithm described in [
          <xref ref-type="bibr" rid="ref19">19</xref>
          ], a modification
of the Word2Vec model to encode documents instead of
words. Using this method, we have created an embedding
of each judicial decision with a vector size of 500.
        </p>
        <p>These representations can be used in conjunction with
several machine learning algorithms to predict the verdict
of judicial decisions.
There are several well-known if slightly outdated
classifiers that have been used in NLP tasks that will serve as
our baseline.</p>
        <p>
          Logistic regression, as described in [
          <xref ref-type="bibr" rid="ref16">16</xref>
          ] is a method of
classification that uses linear regression equations to
produce discrete binary outputs.
        </p>
        <p>
          A Support vector machine, described in [
          <xref ref-type="bibr" rid="ref33">33</xref>
          ] is an
algorithm tasked with finding an optimal hyperplane that
divides two or more classes with the greatest possible
margin.
        </p>
        <p>
          A random forest, described in [
          <xref ref-type="bibr" rid="ref8">8</xref>
          ] is a model that in
itself is an ensemble of several decision trees.
        </p>
        <p>These models can be used with representations that
encode the reasoning as a singular input, meaning that the
Tf-Idf, the concatenated Word2Vec and the Doc2Vec
encodings can all be used.</p>
        <p>In addition to these methods, we have decided to
explore algorithms that use the sequence of words that make
up the reasoning encoded by the Word2Vec method
instead of taking in a singular input.</p>
        <p>
          Convolutional Neural Networks or CNNs, described
in [
          <xref ref-type="bibr" rid="ref15">15</xref>
          ] are based on the idea of using alternating layers of
convolution - a sliding window function applied to a
matrix - and pooling layers to subsample the input. While
more well-known for their applications in computer
vision, they can be applied to NLP tasks quite successfully
due to their nature of capturing spatial dependencies and
their ability to compose higher-level features from
lowlevel features. We have used a single convolutional layer
with 128 features and a kernel size of 5 with a maxpooling
layer fed into a dense layer with ten neurons.
        </p>
      </sec>
      <sec id="sec-4-2">
        <title>Recurrent Neural Networks or RNNs, on the other</title>
        <p>
          hand, have an internal state that can represent context
information from an unspecified amount of past inputs.
Long Short Memory Networks or LSTMs, described in
[
          <xref ref-type="bibr" rid="ref9">9</xref>
          ] are able to deal with vanishing and exploding gradients
better than traditional RNNs since they possess two gated
units that open and close based on the relevance of the
data, allowing it to better retain information over longer
sequences. One shortcoming of conventional RNNs is that
they are only able to make use of the previous context.
Bidirectional RNNs are designed to process the data in
both directions with two separate hidden layers, one
processing the information going from the beginning forward
in time and one from the end backwards. This approach
allows us to have complete sequential information for each
input about all points before and after. We use a single
bidirectional block of LSTMs, each with 100 cells.
        </p>
        <p>Some methods combine Recurrent Neural Networks
with Convolutional Neural Networks in order to preserve
both the spatial information retaining capabilities of
convolutional networks and the temporal dependency
capturing capabilities of recurrent networks.</p>
        <p>
          The first is to create an ensemble model combining a
convolutional network and a Bidirectional Gated
Recurrent Unit described in [
          <xref ref-type="bibr" rid="ref6">6</xref>
          ]. The same input is presented to
a CNN model with 100 features and a kernel size of 3
followed by a maxpool layer as well as a BiGRU model with
a layer size of 64. The output of the two separately trained
networks are concatenated into a single result.
        </p>
        <p>
          Another, more indirect way of combining the attributes
and strengths of RNNs and CNNs are Temporal
Convolutional Networks or TCN networks, described in [
          <xref ref-type="bibr" rid="ref4">4</xref>
          ].
TCN use dilated causal convolution, meaning that outputs
at time t is convolved only with elements from time t and
earlier in the previous layer. This feature allows for
parallel computation of convolutions rather than the
sequential computation of RNNs and requires less memory than
RNNs. As for the implementation, we will make use of 2
TCN blocks stacked with the kernel size of 3 and dilation
factors of 1, 2, and 4, the first containing 128 filters the
second 64 filters. The sequential output of the 2nd block
is passed to 2 separate layers of pooling - max and average
- the result of which is concatenated into a dense layer of
16 neurons then passed to the output.
        </p>
        <p>In section 5, we describe the results of using these
algorithms on the dataset described in chapter 3. Section
5.1 contains the evaluation of performance and subsequent
comparison of these algorithms, whereas section 5.3
analyses what features and terms were used to make the
predictions.
5
5.1</p>
      </sec>
    </sec>
    <sec id="sec-5">
      <title>Results and discussion</title>
      <sec id="sec-5-1">
        <title>Performance evaluation</title>
        <p>We used the data described in section 3 and split it into
three parts, using two for training and one for testing. We
have implemented the methods described above and,
after training, evaluated their performance using standard
statistical metrics. These metrics consider the conviction
samples as the Positives and the acquittal samples as
Negatives. We have then organized these results into
Table 2.</p>
        <p>As we can see, regarding algorithms that use a
singular representation(rows 1-9), the embedding models
offer generally poorer performance, with the concatenated
pooled Word2Vec being the least efficient since the
algorithm is used in a way it is not designed to be used.
Doc2Vec has better performance, especially when used
in conjunction with Logistic Regression, where the
relatively small number of features (500 as opposed to 900
and 6500) is less of a hindrance. However, the best
results were achieved by using the Tf-Idf representation. We
assume the reason for this is that the reasoning text has a
somewhat formalized structure that uses certain
standardized keywords and phrases from which basic information
is more readily deductible than from a sequence of
justifications presented within the reasoning.</p>
        <p>This is somewhat further evidenced by the results
obtained from methods reliant on the encoded sequence of
words (rows 11-14). RNNs that are more heavily reliant
on the sequential order of ideas have lower performance
than CNNs, which have a property of location invariance
thus are better suited to detect the presence of individual
terms that are by large independent and highly correlated
with the result class. The performance of such algorithms
is quite high, achieving an accuracy of over 99%. We
believe that this may be due to the relatively simple task of
binary classification, combined with semi-structured data.
We expect this to change as we try to predict more
complex information from the dataset.</p>
        <p>We can further observe from Table 2 that the precision
for the prediction of conviction decisions is better than
the recall metric for every single representation and model
combination. Since precision is a metric that determines
the percentage of predicted convictions to be actual
convictions while recall tells us the percentage of actual
convictions found by our algorithm, it stands to reason that a
more significant number of convictions was classified as
acquittal than the other way around.</p>
        <p>Such bias may be the result of several possible causes.
One of them is simply the consideration that there are
suspicious cases within the dataset where the verdict
should’ve been a conviction but ended up being acquittal.
However, a more likely hypothesis is that many
individual terms are highly correlated with the target classes and
that many of them are, in actuality, more correlated with
the conviction class of samples. So the decision process
itself might try to detect values that are correlated more
with conviction decisions, and upon their absence, it tends
to classify acquittal. Unsure of the reason, we investigated
what features contributed most to the prediction. Since
embedding vectors are difficult to interpret, we used the
feature selection method for the Tf-Idf representation
using a bag of words and the c2 test. We calculated what
percentage of documents from the training and testing
corpus is the most relevant terms present for each target class.
We organized these results into tables to determine which
terms are used and how to make such decisions.
5.2</p>
      </sec>
      <sec id="sec-5-2">
        <title>Definition of term categories</title>
        <p>The terms (unigrams, bigrams and trigrams) can be
divided into three categories according to their meaning and
usage in a judicial decision:
• terms related to legal principles;
• terms used in legal arguments;
• other general legal terms, including terms describing
the legal language.</p>
        <p>The first group of terms is represented by terms related
to the application of legal principles, resp. the exercise of
rights under these principles. Judges often rely on legal
principles to justify judicial decisions. An example is the
principle of fair trial and the right to a fair trial.
The second group consists of terms that are used in
legal arguments. There are terms expressing usage and
interrelationships of the evidence submitted in the criminal
proceedings. Examples are general terms related to
indication, such as to prove, proof. Another example is the use
of evidence such as expert evidence, real evidence,
documentary evidence.</p>
        <p>The last group are general legal terms that do not fall
into the groups mentioned above. These terms are part of
the legal language and relate to legal institutes with a
specific criminal offence (e.g. legal qualification, theft, breach
of personal data protection), compensation or punishment.
It also includes terms related to the procedure regulation of
the court and law enforcement authorities (e.g. to accuse,
hear, propose).</p>
        <p>Certain legal principles are important for these
proceedings, among which we can include the presumption of
innocence of the defendant and the in dubio pro reo
principle. This principle stipulates the obligation of the court to
decide in favour of the defendant if there are doubts about
his guilt that cannot be removed. It is this principle that
creates a specific imbalance in thinking about guilt or
innocence. The presumed result of judgement is innocence,
and it is necessary to prove the defendant’s guilt. It is a
specific feature of the judgements in criminal proceedings,
which is also reflected in the reasoning of the judgments.
The judge needs to justify the guilt of the defendant and
not his innocence.
5.3</p>
      </sec>
      <sec id="sec-5-3">
        <title>Analysis of relevant terms</title>
        <p>The second goal of this paper was to identify essential
words or phrases associated with the decision on the merits
in criminal proceedings. In other words, the aim was to
determine the strength of the correlation between unigrams,
bigrams and trigrams and the result in guilt or innocence.</p>
        <p>In Table 3, we can see unigrams, bigrams and trigrams
that have a significant relationship with judgments on the
defendant’s innocence with the chi-square value and the
count of occurrences in judgements that point to the
defendant’s innocence or guilt. In contrast, Table 4 shows
interesting unigrams, bigrams and trigrams, which are closely
connected with judgements, the result of which is
recognition of the defendant guilty. As we can see from these
tables, specific terms correlate significantly more with the
particular result of the judgement. Judges use in
judgements’ reasoning terms such as reason, unequivocally,
female witness, situation etc. (Table 3) in the cases that
result in acquittal of the defendant. On the other hand,
expressions such as free choice, advise option, choice,
voluntarily commit which, willingly etc. (Table 4) are
important in the judgements condemning the defendant. The
exciting finding is that groups of specific terms are closely
connected with a specific type of verdict. The sets of terms
prepared in this way can then be analyzed in terms of their
mutual correlation or use as attributes for the classification
of the judgements.</p>
        <p>Within the used corpus of the judgements, we have
focused on terms that are closely related to the evidence
(evidence, prove, testimony, paper, etc.). The results show
that these terms are strongly connected with judgements
about the innocence of the defendant. Table 5 shows these
terms with the chi-square value and the count of
occurrences in judgements that point to the defendant’s
innocence or guilt.</p>
        <p>These results suggest that for a judge to admit someone
innocent, a much more detailed evidence-based
argumentation must be used in the reasoning. At this point, it is
necessary to return to the principle in dubio pro reo, which
implies that the presumed result of judgment is innocence,
and it is required to prove the defendant’s guilt. It
follows that the evidence and their representation in decision
reasoning should be more closely linked to decisions with
guilt verdict since guilt must be proved. However, here,
we come to a disagreement between these claims and a
dispute between the law in the book ("rules of the game"
for all cases) and law in action (judgment in the individual
case). Based on the findings we have found, it appears that
the judges do not presume the innocent of the defendant.</p>
        <p>
          This specificity contained in the argumentation can then
be seen in the algorithms that learn to recognize significant
strings for two groups of decisions (guilty, innocent). This
is evident from the precision and recall ratio as well as
Table 4 and Table 3, where the higher c2 values and thus
the features better suited for classification are correlated
with judgements where the verdict was guilty. We have
also calculated which of the top 300 terms occurs more
in which class and have found that 223 of them had more
occurrences in the guilty class, and only 77 had more in
the innocent class. This supports the conclusion that we
have arrived at after making observations from Table 2. At
the same time, however, the conclusions of the paper [
          <xref ref-type="bibr" rid="ref29">29</xref>
          ],
according to which more used evidence correlates with
decisions on the innocence of the defendant, are confirmed.
In the paper [
          <xref ref-type="bibr" rid="ref29">29</xref>
          ], authors focused only on the corpus of the
judgements concerning digital evidence and IP addresses.
In this paper, we use the extended corpus of the judgments,
which covers various areas of criminal law.
6
        </p>
      </sec>
    </sec>
    <sec id="sec-6">
      <title>Conclusion and future works</title>
      <p>In this paper, we have shown how to split a judicial
decision into its relevant parts and extract the verdict of the
judgments. In addition, we have shown how to create a
representation of the reasoning text using various text
representation methods and combined them with several
classification algorithms. We evaluated the performance of
these models and found that methods that are more reliant
on detecting specific terms than a stream of thoughts
produce the most satisfactory results. Multiple models
predict most cases with sufficient accuracy so that the
outlying cases can be manually examined by a team of experts.
Furthermore, it can be demonstrated that all
representations and models are prone to classify conviction as
acquittal more often than the other way around, which may
be because our models tend to look for features present in
convictions and interpret their absence as an acquittal.</p>
      <p>As part of the analysis of significant terms, we have
identified the groups of specific terms closely connected
with a specific type of verdict (acquittal or conviction).
Also, we have focused on the terms used in legal
arguments (judgements’ reasoning) in more detail. According
to results, the in dubio pro reo principle in criminal
proceedings affect judgement’s reasonings and the subsequent
analysis of this legal text.</p>
      <p>As an extension of this research, we plan to examine
the cases where the labels and predictions differ and
consult a lawyers team. Their task would be to determine for
individual cases whether the failure is caused by the
predictor, in which case we will research ways to improve our
methods further. We will also replace all article references
with the actual text of the articles to increase our
predictive capability. We plan to make further predictions where
in addition to determining the presence of guilt, we will
also attempt to predict the severity of the sentence (e.g.
jail time or fine amount). In case there are multiple
defendants, we will try to determine the sentence for each of
them.</p>
    </sec>
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