Digital Commons Network^™

Reliability Of Eyewitness Reports To A Major Aviation Accident, Dave English, Michael Kuzel

International Journal of Aviation, Aeronautics, and Aerospace

There is a paucity of studies on the reliability of eyewitness reports to aviation crashes. We examine witness statements to a widely observed major airline accident to determine if reported accident investigator distrust of details in eyewitness reports is supported by empirical evidence. The extensive archival witness record (N > 300) of a wide-body airliner crash in clear daylight conditions is subjected to statistical analysis to test eyewitness reliability. Even with over 200 witnesses within a three square kilometre (1.6 square mile) area answering a binary observation question, the variance is sometimes high enough to preclude forming statistically significant conclusions …

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.

Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl

Brigham Young University Journal of Public Law

No abstract provided.

Documenting Mass Rape: Medical Evidence Collection Techniques As Humanitarian Technology, Jaimie Morse

Genocide Studies and Prevention: An International Journal

Aim: Emerging global networks of human rights activists, doctors, and nurses have advocated for increased collection of medical evidence in conflict-affected countries to corroborate allegations of sexual violence and facilitate prosecution in international and domestic courts. Such initiatives are part of broader shifts in human rights advocacy to document human rights violations using rigorous, standardized methodologies. In this paper, I consider three principal forms of medical evidence to document sexual violence and their use in these settings: the patient medical record, the medical certificate, and the sexual assault medical forensic exam (commonly known as the “rape kit”).

Methods: Combining archival …

Humanitarian Technologies And Genocide Prevention: A Critical Inquiry, Colette Mazzucelli

Genocide Studies and Prevention: An International Journal

No abstract provided.

From The Editor-In-Chief, Ibrahim A. Baggili

Journal of Digital Forensics, Security and Law

We are proud to share with you this special edition issue of the JDFSL. This year, JDFSL partnered with both the 6th International Conference on Digital Forensics and Cyber Crime (ICDF2C) and Systematic Approaches to Digital Forensic Engineering (SADFE)–two prominent conferences in our field that were co-hosted. Fifty-three papers were submitted, and the Technical Program Committee accepted only 17 after a rigorous review process.

The Punishment Should Fit The Crime—Not The Prior Convictions Of The Person That Committed The Crime: An Argument For Less Impact Being Accorded To Previous Convictions, Mirko Bagaric

San Diego Law Review

The seriousness of the offense is the main consideration that should determine the severity of criminal punishment. This cardinal sentencing principle is undermined by the reality that often the criminal history of the offender is the most decisive sentencing consideration. Recidivists are frequently sent to imprisonment for long periods for crimes, which, when committed by first-time offenders, are dealt with by a bond, probation, or a fine. This makes sentencing more about an individual’s profile than the harm caused by the offender and has contributed to a large increase in prison numbers. Intuitively, it feels right to punish repeat offenders …

Games Of Life And Death: The Judicial Uses Of Dice In Eighteenth And Nineteenth-Century Sweden, Per Binde

UNLV Gaming Research & Review Journal

Gambling studies should take a broad view of the field and consider activities that are not strictly gambling but similar to it, such as cleromancy and secular uses of drawing of lots, to give us perspective on societal and cultural aspects of gambling. This paper presents historical data on judicial uses of throwing dice in eighteenth and nineteenth-century Sweden. The focus is on cases of manslaughter with multiple perpetrators who were considered equally guilty and were forced by the criminal court to throw dice to determine who should be executed and who should receive lesser penalties. Three principles are distinguished …

Can Retributivism Be Saved?, Chad Flanders

BYU Law Review

Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …

Indeterminacy, Value Pluralism, And Tragic Cases, David Wolitz

Buffalo Law Review

No abstract provided.

No One Cried For Help: The Integration Of Groupthink Into Modern Rape Culture, Jourdin Hermann

Themis: Research Journal of Justice Studies and Forensic Science

Rape symbolizes lost innocence. Many young females increasingly endure sexual violence at the hands of multiple male assailants. Despite the common coupling of group dynamics and rapes, little evidence proposes Irving Janis’s theory of groupthink as one plausible explanation. This paper argues that the two concepts are related; groupthink needs to hold a more prominent position within the sexual violence literature. A case in the small town of Steubenville, Ohio provides the backdrop for investigating how groupthink impacts instances of gang rapes. Integration of the scholarly literature available on groupthink and sexual violence establishes the basis of this research. Janis’s …

The Stigmatization Of Individuals Convicted Of Sex Offenses: Labeling Theory And The Sex Offense Registry, Carla Schultz

Themis: Research Journal of Justice Studies and Forensic Science

The sex offender registry currently lists over half a million U.S. citizens as sex offenders. Modern day legislation directed toward sex offenders was born in an era of public fear and rash decision-making. Terrible consequences have since been identified as resulting from the labeling of sex offenders via the registry. These unintended consequences socially, economically, and psychologically influence the lives of sex offenders. Labeling theory states that individuals who are given a label eventually subscribe to that label; in other words, it becomes a self-fulfilling prophecy. In the case of sex offenders, this can only mean more damage to society. …

Long-Term Physical And Mental Health Effects Of Domestic Violence, Kavita Alejo

Themis: Research Journal of Justice Studies and Forensic Science

Domestic violence is an issue affecting people of all ages, races, genders, and sexual orientations. Violence against men and same-sex domestic violence are often considered less of a threat to society and to the people involved, but it is important to understand that male-on-female violence, female-on-male violence, and same-sex violence all involve serious consequences to the victim’s and batterer’s short- and long-term health. This paper determines whether men or women suffer from more long-term health problems caused by domestic violence by comparing the currently published statistics on the prevalence of domestic violence in heterosexual and homosexual relationships, and analyzing the …

Dna Typing Compatibility With A One Step Saliva Screening Test, Nicole Roda, Steven B. Lee, Brooke Barloewen, Tahnee Mehmet

Themis: Research Journal of Justice Studies and Forensic Science

Screening a substrate for bodily fluids is an extremely important step for locating areas that may contain DNA. Several different methods have been developed for saliva (1). The Phadebas® Forensic Press (PFP) test is a presumptive saliva test that utilizes a preloaded paper that will react with the enzyme amylase, a component of saliva (2-5). Because of its ability to screen for amylase while simultaneously locating stains, the PFP may prove to be an effective, rapid method for screening. However it is important to assess whether the PFP introduces any inhibitors (7) to downstream processing such as PCR amplification. Based …

Ethics And The Use Of Coercion In The Treatment Of Psychiatric Patients, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

Involuntary psychiatric treatment occurs under such conditions as the medicating or placing in treatment facilities of patients without their consent. Such involuntary treatment has been litigated in the Supreme Court; however, the Court’s rulings have been applied to incarcerated persons, with the notable exception of the 1975 ruling in O’Connor v. Donaldson, a case argued as a civil rights violation. Using O’Connor v. Donaldson as a framework, this paper argues that forcing non- violent psychiatric patients to take medication, or be otherwise treated against their will, is an unethical practice and must be discontinued. This practice of forcible treatment violates …

Neuroimaging And Eyewitness Testimony, Madysen Gardner

Themis: Research Journal of Justice Studies and Forensic Science

This paper will explore how breakthroughs in neuroscience, specifically neuroimaging, can be used to validate eyewitness testimony. Though the use of direct evidence is decreasing, due to findings of numerous wrongful convictions that were based on eyewitness testimonies, it is still an element of many criminal trials today. Cross-examination is used to validate eyewitness testimony because memories are fallible. Cross-examination can successfully determine if a witness is telling the truth, but it cannot determine if a memory is true. This has resulted in juries convicting individuals based on questionable eyewitness testimony. Neuroscientists have found that neuroimaging methods, such as functional …

Attitudes Toward The Way Courts Deal With Criminals, Chelsea Van Aken

Themis: Research Journal of Justice Studies and Forensic Science

The way courts treat criminals depends on a variety of factors. This paper examines how age, sex, and race affect an offender’s treatment during sentencing. These variables were collected using the 2010 General Social Survey and were tested using the SPSS 20.0 Student Version Statistical Software. The independent variables include age, race, and sex, while the dependent variable is the way courts deal with criminals. The hypotheses that were tested stated that older individuals, nonwhite persons, and men would believe that courts deal too harshly with criminals. The conclusion found that none of the variables showed a significant correlation; therefore, …

The Unfair Sentencing Act: Racial Disparities And Fiscal Consequences Of America's Drug Laws, Kristin Zimmerman

Themis: Research Journal of Justice Studies and Forensic Science

In 1986, the United States government attempted to combat the perceived war on drugs by enacting mandatory drug laws, with a primary focus on incarcerating crack offenders. The result of this was a mass influx of African Americans to US penitentiaries and minimal to zero reduction of crack convictions. Because the Anti-Drug Abuse Act of 1986 recognized 100 grams of cocaine as equivalent to one gram of crack, it has been perceived not as a war on drugs, but as a war on a war on minorities. The mass incarceration of drug offenders also led to severely damaging fiscal consequences …

The Lingering Killer: Agent Orange, Sharon Ungerfeld

Themis: Research Journal of Justice Studies and Forensic Science

This paper explores the utilization of the chemical herbicide, Agent Orange, as it was sprayed over Vietnam during the Vietnam War in 1961 to 1971. The United States government, military, and corporations acted irresponsibly by creating the chemical and spraying it as a war tactic. The outcome of the spraying includes detrimental socioeconomic impacts, environmental degradation, and health problems. The socioeconomic impact is explained with statistics and an explanation of loss of job and education capabilities. With data on the destroyed trees and vegetation, this paper demonstrates the degree to which the environment faced harm. The health effects of Agent …

Police Academy Training: An Evaluation Of The Strengths And Weaknesses Of Police Academies, Olga Bykov

Themis: Research Journal of Justice Studies and Forensic Science

The purpose of this paper is to give an overview of the historical and current protocols which have existed in police academies, with a focus on the gender issues being faced by female police officers. The development of the police force is examined, with explanation of the differences and developments aligning with each era of history. Next, current police practices are elaborated upon, emphasizing the difficulties women experience in becoming police officers and where the ideologies of the police academies originated. Finally, suggestions are given based on research findings in order to reduce the ideological divides that occur in the …

Democracy, Prison, And Public Safety Realignment: Renewing Our Imagination, Kimberly Turner

Themis: Research Journal of Justice Studies and Forensic Science

The American carceral condition has waged a 200-year-old struggle where the lives of the guilty, the innocent, and the victimized have taken center stage in a debate centered on rehabilitation, reformation, and revenge. The drama has undergone a number of revisions from great scholarly authors, multidisciplinary intellectuals, and literary muses. Despite a number of new renderings, the central themes of the American prison have remained constant, and just as there have been builders of prisons, there have been forces intent on their destruction. The current state of the American carceral condition has burgeoned since the neoliberal political and economic shift …

Immigration Control And The Punitive Turn, Eduardo Batista

Themis: Research Journal of Justice Studies and Forensic Science

The “punitive turn” describes the penalizing and disciplinary focus the United States has implemented in regulating problem populations since the late 1970s. This period has welcomed the era of mass incarceration in which the US penal population has exploded to levels not seen anywhere else in the world. The rise in the use of prisons and jails has been accompanied by the retrenchment of the welfare state, attacks on affirmative action policies, continued segregation in education and housing, and a growing gap between the rich and the poor. All of these have essentially erased the gains made by the Civil …

Natural Law, Equality, And Same-Sex Marriage, Perry Dane

Buffalo Law Review

No abstract provided.

National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani

San Diego Law Review

This Article will situate the federalism function among existing scholarly frameworks and assess the “contoured” approach to federal and state power balancing across the existing subject matter of torts. Part II will assess conflicting characterizations of tort law as on one hand “private” and on the other “public” law. Part III will define and explain competing functions of tort law with an eye to whether federalism fits the common criteria of these coexisting objectives, goals, purposes, and methods for adjudication. In Part IV, the Article will explore historical and contemporary roles of federalism to understand why this process becomes so …

Should Public Law Accommodate The Claims Of Conscience?, William A. Galston

San Diego Law Review

In the end, it seems to me, the matter boils down to a single issue. Many individuals consider themselves bound by two sources of authority, public law and conscience, whose demands do not always coincide. Is the state prepared to take cognizance of this fact, and if so, how should it respond? Unlike other regimes, liberal democracies should not find these questions unduly challenging. To be a liberal state is to recognize limits on the legitimate scope of public authority; to be a liberal democracy is to recognize limits on the authority of the people and on the writ of …

False Speech: Quagmire?, Christopher P. Guzelian

San Diego Law Review

Recently decided cases in several Federal Courts of Appeals and the United States Supreme Court show that First Amendment false speech case law is contradictory and unpredictable. This Article gives examples and concludes that legal liability for false speech will continue to be arbitrary and even susceptible to intentionally unjust decisionmaking if judges and juries individually and collectively disregard or downplay the necessity of an honest search for truth under the guise of tolerance and evenhandedness. If Americans wish to avoid an anything-goes “quagmire” about truth, they must—despite inevitable resistance in a civilization increasingly rife with skeptics—undergo transformations of their …

Overseas Lawful Permanent Resident Terrorists: The Novel Approach For Revoking Their Lpr Status, Daniel Pines

San Diego Law Review

This Article seeks to break the silence by examining the issue of overseas LPRs and offering a mechanism by which the U.S. government could take affirmative action to file cases in immigration courts to strip out-of-status LPR terrorists of their LPR status. As the United States legally can, and routinely does, revoke the LPR status of out-of-status LPRs who appear at U.S. borders, the United States could also take away such status for those who have resorted to terror, without having to wait—perhaps in vain—for them to appear on the United States’ doorstep. The purpose of granting an individual LPR …

A Modern King Solomon’S Dilemma: Why State Legislatures Should Give Courts The Discretion To Find That A Child Has More Than Two Legal Parents, Ann E. Kinsey

San Diego Law Review

This Comment reviews the current state of parental rights and proposes statutory clarifications that would provide courts with the power to find that a child has more than two legal parents. Part II provides background information on the decline of the traditional family. The Part reviews how the law of parentage has progressed over time and provides an overview of the laws of several states and Canada that provide rights to, and impose duties on, a third parent. Part III discusses California Senate Bill 1476, which, had Governor Jerry Brown signed it into law in 2012, would have given California …

The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva

Brigham Young University Journal of Public Law

A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …