TWI494890B - Support system of sentencing decision - Google Patents

Description

Sentencing decision support system

The invention relates to a sentencing decision support system, in particular to a smuggler, a judge, a prosecutor, a lawyer, a judicial unit, and a law school student, as a simulation application for reference to sentencing judgments.

At present, judicial cases in general courts are judged independently by judges according to the free testimony. Therefore, different judges may make completely different judgments because of their own professional competence, subjective consciousness, and different jurisprudence. And will be different from the general public's cognition, and even because the legal provisions are often revised, causing the law to refer to the wrong Oolong incident, therefore, it is necessary to use some reference to the external legal database as a References to the judgment, such as the Patent Case No. 200632692 published in the Republic of China on September 16, 1995, the "Legal Provisions and Questions and Answers Search Method" patent case, which mainly discloses the following steps: establishing a legal text database, the law The text database is based on practical experience, classifying individual legal events, establishing a search route according to the problems that may arise from the incident; providing a question-and-answer search system, in response to a legal event, in a question and answer manner, to the law Find a legal database and find the legal answers you need.

In addition, the Patent No. I326848 of the Republic of China on July 1, 1999, "Method and Expert System for Automatic Analysis of Legal Documents" patent case, mainly discloses that the method comprises the following steps: First, Store a legal document in a memory unit. Then, according to a user's answer to the plural preset question, a suitable plural keyword is retrieved from a keyword database to analyze the legal document, and a plurality of legal strategy suggestions are generated, and the key points in the legal document are marked. The text of the word. Then, by linking a specification database from the keyword database, and based on the answers to the preset questions, a plural legal specification analysis is displayed.

However, the above two patents can only provide a reference for the search of legal provisions, and cannot provide reference for judges and other sentencing in the judgment according to the actual conditions and objective conditions such as previous precedents. Do your best.

Therefore, in view of the fact that there is no system for reference and assistance in the trial of criminal cases in the current criminal case, the present invention provides a sentencing decision support system, which is provided with a processing unit, which is provided with an operation interface; It is built into the processing unit. The sentencing decision-making unit includes items such as intelligence, design, general sentencing, weighting, mitigation, and combination of crimes, for inputting criminal cases, and assisting criminal cases in decision analysis. And the sentencing priority ranking; a sentencing database, which is built in the processing unit and linked to the sentencing decision-making unit, the sentencing database is linked to a legal document database, a judgment case database, and a crime investigation and analysis Statistical database to provide a quantitative information; a penalty decision factor screening The selection unit is built in the processing unit, and the sentencing decision factor screening unit is provided with a penalty decision factor weight calculation module, and the sentencing decision factor weight calculation module is coupled to the sentencing decision unit to generate a Sentencing decision factor weight coefficient; a penalty decision mode verification unit, which is built in the processing unit, the sentencing decision mode verification unit is provided with a technology receiving degree analysis module, and the sentencing decision mode verification unit is linked to the sentencing The decision factor weight calculation module performs subsequent verification and update on the weighting calculation module of the sentencing decision factor and the weight coefficient of the sentencing decision factor generated by the sentencing decision factor.

The above processing unit is a personal computer, a notebook computer, a tablet computer, a mobile phone or a personal digital assistant (PDA).

The above operation interface is one or a combination of a keyboard, a mouse, a digital pen, a digital tablet, a touch screen, a microphone, and a camera.

The above-mentioned legal provisions database comes from the interpretation, opinions and the most newly added and revised criminal law articles of the courts and judges, and the judgment case database comes from the resolutions of the criminal court meeting, the criminal precedents over the years, and the criminal investigation. And the analytical statistics database comes from the joint meeting of judges and related criminal statistics and analysis materials.

The sentencing database is linked to the legal text database, the judgment case database, and the crime investigation and analysis statistical database through the Internet, communication network, wired network or wireless network.

The above-mentioned sentencing decision factor weight calculation module includes a legal section Text and sentencing decision factor conversion module, paper literature and sentencing decision factor conversion module, judgment case and sentencing decision factor conversion module and hierarchical analysis method [AHP] sentencing decision factor online questionnaire module.

The above-mentioned decision factors affecting general sentencing include the type of drugs, the purity of drugs, the total number of drugs or the total market price, the highest and lowest penalties for drugs at all levels, the motive for trafficking, the type of drug guilt, and the role of crime. The offender is denying the crime or assisting the reconnaissance, whether the offender has a drug record, and the decision-making factors affecting the weight of the sentence include a large amount of input or trafficking, supply of prisoners and minors, Class A [level 1] drugs, and drug-related drugs. Related criminal prosecutions are convicted, multiple and continuous supply, identity of offenders, trafficking of drugs to the public through computer systems, supply of illegal drugs to athletes, illegal discharge of dangerous or toxic substances or illegal transportation and handling or storage of hazardous waste; The decision-making factors for mitigating sentencing include ensuring that drugs are no longer used, unemployment, first-time offenses, minor damages, guilty and assistance in handling cases, subordinate roles, and providing appropriate security deposits.

The above-mentioned technology receiving degree analysis module includes a sentencing easement online questionnaire module, a sentencing usefulness online questionnaire module, and a sentencing accuracy online questionnaire module.

The invention has the following advantages:

1. The present invention is particularly suitable for use by sentencing persons, judges, prosecutors, lawyers, judicial personnel, and law school students as a simulation application for reference to sentencing decisions.

2. The present invention can provide a formula for discriminating at the time of trial, and even remind the judge of some updated laws and case analysis, thereby assisting the judge in making optimal sentencing decisions to avoid emotional or It is the difference of personal thinking, which leads to unfair situations such as misjudgment, heavy judgment or light judgment.

3. The invention is capable of quickly finding case clauses, and simulating the decision-making, fully automated execution, and eliminating a lot of human resources waste, so the litigation cost can be greatly reduced.

4. The present invention can also provide general public browsing and enquiry laws and other related information, as well as learning applications for the legal profession.

First, referring to the first to second figures, the present invention includes a processing unit (1), a sentencing decision unit (2), a sentencing database (3), a sentencing decision factor screening unit (4), and a sentencing decision. The mode verification unit (5), wherein: the processing unit (1) can be a personal computer, a notebook computer, a tablet computer, a mobile phone or a personal digital assistant (PDA), and the processing unit (1) is provided with an operation interface ( 11) The operation interface (11) is one or a combination of a keyboard, a mouse, a digital pen, a tablet, a touch screen, a microphone, and a camera.

The sentencing decision unit (2) is built in the processing unit (1) and can input the content of the criminal case to assist the sentencing person and the single criminal case in decision analysis and sentencing prioritization. Unit (2) [as shown in the third figure] includes items such as intelligence (21), design (22), general sentencing (23), weighting (24), mitigation (25), and criminal integration (26). .

The sentencing database (3) is built into the processing unit (1) and linked to the sentencing decision unit (2), which is accessible via the Internet (A), communication network, wired network or wireless The network is linked to a legal document database (31), a judgment case database (32), and a crime investigation and analysis statistical database (33) for collecting and updating the content of the sentencing database (3) to provide A complete reference to sentencing information (34), wherein the legal text database (31) is derived from the interpretation of the court and the judge (31A), the insights and the most new and revised criminal law, and the case data of the judgment The library (32) comes from the criminal court meeting resolution (32A), the criminal precedent over the years, and the criminal investigation and analysis statistical database (33) from the joint meeting of judges (33A) and related criminal statistics and analytical data. .

The sentencing decision factor screening unit (4), as shown in the fourth figure, is built in the processing unit (1), mainly provides a function of screening the weighting factor of the penalty decision factor, and the sentencing decision factor screening unit (4) The system is provided with a weighting decision factor weight calculation module (41), and the sentencing decision factor weight calculation module (41) includes a legal article and a sentencing decision factor conversion module (42), a thesis document and a sentencing decision factor conversion module. Group (43), judgment case and sentencing decision factor conversion module (44) and hierarchical analysis method [AHP] sentencing decision factor online questionnaire module (45), through the collection of data, questionnaires on the Internet, etc., to obtain the factors that can lead to the outcome of sentencing, and to establish the patterns and rules related to decision-making through narrative, inferential statistical analysis and post-value analysis. And sent to the sentencing decision factor weight calculation module (41) for calculation and analysis, the sentencing decision factor weight calculation module (41) is coupled to the sentencing decision unit (2), thereby providing a weight coefficient for generating a penalty decision factor ( 46), wherein the decision factor of the sentencing decision factor weight calculation module (41) that affects the general sentencing (23) (as shown in the fifth figure) includes: the type of drug (231), the purity of the drug (232) , the total number of drugs or the total market price (233), the highest and lowest punishment for drugs at all levels (234), whether there is a motive for trafficking (235), the type of drug offender (236), the role of crime (237) The offender is denying the crime or assisting the reconnaissance (238), whether the offender has a drug record (239); and the decision factors affecting the weight penalty (24) include: mass input or trafficking (241), supply of the inmate and minor Human drugs (242), A grade [ Drugs (243), convictions for drug-related crimes (244), multiple and continuous supply (245), offender status (246), drug trafficking to the public through computer systems (247), supply to athletes Prohibited drugs (248), illegal discharge of dangerous or toxic substances or illegal transportation and handling or storage of hazardous waste (249); and the decision-making factors affecting the reduction of sentencing (25) include: ensuring that drugs are no longer used (251), unemployment ( 252), first offense (253), minor damage (254), guilty plea and assistance in handling the case (255), subordinate role (256) and providing appropriate assurance Kim (257).

The sentencing decision mode verification unit (5), as shown in the sixth figure, is built in the processing unit (1), and the sentencing decision mode verification unit (5) is provided with a technology receiving degree analysis module (51) The technology receiving degree analysis module (51) includes a sentencing easement online questionnaire module (52), a sentencing usefulness online questionnaire module (53), and a sentencing accuracy online questionnaire module (54). The sentencing decision mode verification unit (5) is coupled to the sentencing decision factor weight calculation module (41), which is for the sentencing decision factor weight calculation module (41) and the sentencing decision factor weight coefficient (46) Subsequent verification and update for the system administrator to gradually correct the data of the sentencing decision factor weight calculation module (41) of the sentencing decision factor screening unit (4).

When used, as shown in the third and seventh figures, the sentencing person (B) [or judges, prosecutors, lawyers, judicial personnel and law school students] can start the processing unit (1) first, and through the operation interface (11) Login to the sentencing decision-making unit (2) [as shown in the first figure], and enter the motive of the crime (211) under the item of information (21) 212) (as shown in the second figure), purpose (213 ), means (214) and stimuli (215); post-crime (211A) attitude (212A), risk or damage (213A); prisoner (211B) conduct (212B), living conditions ( 213B), the degree of knowledge (214B), the relationship between the prisoner and the victim (215B), etc., will be received through the project (22) from the sentencing database (3) from the legal provisions database (31) and The court and the judge explained (31A), the judgment case database (32) and its criminal court meeting resolution (32A), the crime investigation and analysis statistical database (33) and its joint meeting of judges (33A), statistics, analysis and updated information, and According to the general sentencing (23) project (as shown in the fifth figure), the decision-making factors referring to its influence include the type of drug (231), the purity of the drug (232), the total quantity of drugs or the total market price (233). The highest and lowest criminality of drugs at all levels (234), whether there is motive for trafficking (235), the type of drug offender (236), the role of crime (237), the offender is denying or assisting in reconnaissance (238) Whether the offender has a pre-drug record (239); and the weighting factor (24) refers to the influence of the decision-making factors including a large number of inputs or sales (241), the supply of inmates and minors (242), grade A [Grade 1] drugs (243), convictions for drug-related crimes (244), multiple and continuous supply (245), offender status (246), drug trafficking to the public through computer systems (247), sports players Supply of illicit drugs (248), illegal discharge of dangerous or toxic substances or illegal transportation and disposal or Hazardous waste (249); and the decision-making factors that mitigate the impact of sentencing (25) include ensuring that drugs are no longer used (251), unemployed (252), first-time offenders (253), minor damages (254), guilty plea and Assist in handling cases (255), subordinate roles (256), and providing appropriate margin (257); and completing the crime consolidation (26) project based on the above-mentioned influence decision factors, and the sentencing decision factor screening unit (4) [such as the fourth The figure shows] the legal provisions and sentencing decision-making factor conversion module (42), thesis literature and sentencing decision-factor conversion module (43), judgment The case and sentencing decision factor conversion module (44) and the hierarchical analysis method [AHP] sentencing decision factor online questionnaire module (45) are collected to the sentencing decision factor weight calculation module (41) and provide a The weighting factor of the sentencing decision factor (46), and the formation of a penalty and the option of the sentence (6), can be used as a reference for the choice of the sentencing, and then choose an applicable program to be implemented (7), and provide a law enforcement personnel The information (8) and the rights of the inmate should be known (9), and a reference basis for the sentence is generated.

The science and technology acceptance analysis module (51) of the sentencing decision mode verification unit (5) (as shown in the sixth figure) can pass the sentencing easement online questionnaire module (52) and the sentencing usefulness online questionnaire. The survey module (53) and the sentencing correctness online questionnaire module (54) are passed through an online survey method for the weighting factor of the sentencing decision factor that can be generated for the sentencing decision factor weight calculation module (41) (46) Subsequent verification and update, so that the system administrator can be used as the basis for correcting the data in the weighting calculation factor (41) of the sentencing decision factor.

However, the above description is only one of the preferred embodiments of the present invention, and the scope of the patent application and the contents of the description of the present invention are not limited thereto. All should still fall within the scope of protection covered by the scope of the patent application of the present invention.

(1) ‧‧‧Processing unit

(11)‧‧‧Operation interface

(2) ‧ ‧ sentencing decision-making unit

(21)‧‧‧Information

(211) ‧ ‧ at the time of the crime

(212) ‧‧‧ Motivation

(213) ‧ ‧ purpose

(214) ‧ ‧ means

(215) ‧‧‧

(211A) ‧ ‧ after the crime

(212A) ‧ ‧ attitude

(213A) ‧ ‧ dangerous or damaged

(211B) ‧ ‧ prisoners

(212B) ‧ ‧ ‧ conduct

(213B) ‧ ‧ living conditions

(214B) ‧ ‧ knowledge level

(215B) ‧‧The relationship between the prisoner and the victim on weekdays

(22)‧‧‧ Design

(23)‧‧‧General sentencing

(231) ‧‧‧Drug type

(232) ‧ ‧ the purity of drugs

(233) ‧‧‧ Total number of drugs or total market price

(234) ‧ ‧ highest and minimum penalties for drugs at all levels

(235) ‧ ‧ Is there a motive for selling profits?

(236) ‧ ‧ drug offenders

(237) ‧‧‧The role of crime

(238) ‧ ‧ The perpetrator is denying sin or assisting in reconnaissance

(239) ‧ ‧ Does the offender have a pre-drug record

(24) ‧ ‧ plus weight

(241)‧‧‧Many input or sale

(242)‧‧‧Supply of inmates and minors

(243)‧‧‧Class A (Grade 1) drugs

(244) ‧ ‧ was convicted of a drug-related criminal prosecution

(245) ‧ ‧ multiple and continuous supply

(246) ‧‧‧Criminal identity

(247) ‧‧‧ Drug trafficking to the public through computer systems

(248) ‧‧‧Supply illicit drugs to athletes

(249) ‧‧‧Illegal discharge of dangerous or toxic substances or illegal transportation And handling or storing hazardous waste

(25) ‧ ‧ mitigation

(251) ‧ ‧ guarantee to stop using drugs

(252) ‧ ‧ Unemployment

(253) ‧ ‧ first offense

(254) ‧‧‧Slight damage

(255) ‧ ‧ plead guilty and assist in handling cases

(256) ‧‧‧Subordinate roles

(257) ‧ ‧ provide appropriate margin

(26) ‧ ‧ confession

(3) ‧ ‧ sentencing database

(31) ‧ ‧ legal provisions database

(31A) ‧ ‧ court and justice interpretation

(32) ‧‧‧Judgement case database

(32A) ‧ ‧ Resolutions of the Criminal Chamber

(33) ‧‧‧Criminal Investigation and Analysis Statistics Database

(33A) ‧ ‧ Joint Judges Meeting

(34)‧‧‧Sentencing information

(4) ‧‧‧Sentencing decision factor screening unit

(41) ‧‧‧Sentencing Decision Factor Weight Calculation Module

(42) ‧ ‧ Legal provisions and sentencing decision-making factor conversion module

(43) ‧ ‧ essay literature and sentencing decision factor conversion module

(44) ‧‧‧Judgement Case and Sentencing Decision Factor Conversion Module

(45) ‧ ‧ tier analysis method [AHP] sentencing decision factor online questionnaire module

(46) ‧‧‧Sentencing decision factor weighting factor

(5) ‧‧‧Sentencing Decision Mode Verification Unit

(51)‧‧‧Technical Reception Analysis Module

(52) ‧‧‧Sentence and Expenditure Online Questionnaire Module

(53)‧‧‧Sentence usefulness online questionnaire module

(54) ‧‧‧Sentence accuracy online questionnaire module

(6) ‧ ‧ fines and sentence options

(7) ‧‧‧Execution

(8) ‧ ‧ Information required by law enforcement officials

(9) ‧‧‧Responsibility of the rights of the inmate

(A) ‧ ‧ Internet

(B) ‧‧‧Sentenced

The first figure is a schematic diagram of the system configuration of the present invention.

The second figure is a flow chart of the operation of the sentencing decision unit of the present invention.

The third figure is a flow chart of the operation of the present invention.

The fourth figure is a schematic diagram of the screening unit of the sentencing decision factor of the present invention.

The fifth figure is a schematic diagram of the decision factors affecting sentencing according to the present invention.

The sixth figure is a schematic diagram of the verification unit of the sentencing decision mode of the present invention.

The seventh figure is a schematic diagram of the use of the sentence according to the present invention.

(1) ‧‧‧Processing unit

(11)‧‧‧Operation interface

(2) ‧ ‧ sentencing decision-making unit

(3) ‧ ‧ sentencing database

(31) ‧ ‧ legal provisions database

(32) ‧‧‧Judgement case database

(33) ‧‧‧Criminal Investigation and Analysis Statistics Database

(4) ‧‧‧Sentencing decision factor screening unit

(41) ‧‧‧Sentencing Decision Factor Weight Calculation Module

(5) ‧‧‧Sentencing Decision Mode Verification Unit

(A) ‧ ‧ Internet

(B) ‧‧‧Sentenced

Claims (7)

A sentencing decision support system includes: a processing unit having an operation interface; a penalty decision unit built in the processing unit, the sentencing decision unit includes intelligence, design, general sentencing, and aggravation Sentencing, mitigation and integration of crimes and punishments for the purpose of inputting criminal cases, and assisting criminal cases in decision analysis and sentencing prioritization; a criminal database, which is built into the processing unit and linked to the sentencing The decision-making unit, the sentencing database is linked to a legal document database, a judgment case database, and a crime investigation and analysis statistical database to provide a penalty information; a penalty decision factor screening unit, which is built in the processing unit The sentencing decision factor screening unit is provided with a weighting decision factor weight calculation module, and the sentencing decision factor weight calculation module includes a legal article and sentencing decision factor conversion module, a thesis document and a sentencing decision factor conversion module. , a judgment case and sentencing decision factor conversion module and a level analysis method [AHP] The online decision-making component of the sentencing decision-making factor is used to obtain the factors that can lead to the sentencing results through data collection and online questionnaire surveys, and is built into decision-making through narrative, inferential statistical analysis and post-value analysis results. The mode and the rule are transmitted to the sentencing decision factor weight calculation module for calculation and analysis, and the sentencing decision factor weight calculation module And linking to the sentencing decision-making unit, and inputting a decision factor affecting the general sentencing, a decision factor affecting the weight penalty, and a decision factor affecting the sentencing through the sentencing decision unit, thereby generating a weight coefficient for providing a penalty decision factor, and According to the above-mentioned influence decision factors, the crimes are combined to form a penalty or a penalty option, which is used as a reference for sentencing; a penalty decision mode verification unit is built in the processing unit, and the sentencing decision mode is verified. The unit system is provided with a technology receiving degree analysis module, and the sentencing decision mode verification unit is connected to the sentencing decision factor weight calculation module, which is a weighting coefficient for the sentencing decision factor weight calculation module and the sentencing decision factor generated by the unit Perform subsequent verification and updates. For example, the sentencing decision support system described in claim 1 is wherein the processing unit is a personal computer, a notebook computer, a tablet computer, a mobile phone, or a personal digital assistant (PDA). The sentencing decision support system described in claim 1 or 2, wherein the operation interface is one or a combination of a keyboard, a mouse, a digital pen, a tablet, a touch screen, a microphone, and a camera. For example, the sentencing decision support system mentioned in item 1 of the patent application scope, wherein the legal provisions database is derived from the interpretation, opinions and the most newly added and revised criminal law articles of the court and the judge, and the judgment case database is from Criminal resolutions, criminals over the years Jurisprudence, the criminal investigation and analysis statistics database comes from the joint meeting of judges and related criminal statistics and analysis materials. For example, the sentencing decision support system described in claim 1 or 4, wherein the sentencing database is linked to the legal provision database and the judgment case database through an internet, a communication network, a wired network, or a wireless network. And a database of crime investigation and analysis statistics. For example, the sentencing decision support system mentioned in the first paragraph of the patent application scope, wherein the decision factors affecting the general sentencing include the type of drugs, the purity of drugs, the total quantity of drugs or the total market price, the highest and lowest punishments of drugs at all levels, and whether Have the motive of selling profit, the type of drug guilty, the role of the crime, the offender is denying the crime or assisting the reconnaissance, whether the offender has a drug record, and the decision-making factors affecting the weight of the sentence include a large number of inputs or sales, supply of the prisoner and Minor drugs, Class A (Grade 1) drugs, convictions for drug-related crimes, multiple and continuous supply, identity of offenders, drug trafficking to the public through computer systems, supply of illegal drugs to athletes, illegal discharge or Toxic substances or illegal transport and handling or storage of hazardous waste; and the decision-making factors affecting the reduction of sentencing include ensuring that drugs are no longer used, unemployment, first offense, minor damage, guilty and assistance in handling cases, subordinate roles and providing appropriate security deposits. For example, the sentencing decision support system described in claim 1 of the patent scope includes the online survey module for sentencing and ease of use, and the online survey module for sentencing usefulness. Sentencing accuracy online questionnaire module.