Law Commons^™

Protecting The Innocent: How To Prevent The Consequences Of Misidentification And Doxing By Volunteers Helping With Open Source Investigations, Leigh M. Dannhauser

Catholic University Journal of Law and Technology

Individuals performing open source investigations can misidentify alleged perpetrators and dox innocent parties online, which can subsequently lead to threats and harassment against innocent parties and their loved ones. For example, threats were made against Sunil Tripathi’s family after he was wrongly identified as one of the Boston Marathon bombers and doxed on Reddit and Twitter. In 2020, the Berkeley Protocol on Digital Open Source Investigations was published as a guide, and it includes a set of principles to govern open source investigations. However, the Berkeley Protocol is limited to open source investigations performed by those working for organizations. It …

Mcgirt V. Oklahoma, Allison Barnwell

Public Land & Resources Law Review

The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …

Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak

Journal of Digital Forensics, Security and Law

Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes. This paper was an examination of criminal cases before the United States Courts of Appeal in which legal issues were related to digital evidence. The purpose of this research was to determine the most common legal basis for appeals relating to the introduction or exclusion of digital evidence, the frequency with which cases involving an appeal regarding digital evidence affirmed or reversed …

Privacy And Security Across Borders, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

Three recent initiatives -by the United States, European Union, and Australiaare opening salvos in what will likely be an ongoing and critically important debate about law enforcement access to data, the jurisdictional limits to such access, and the rules that apply. Each of these developments addresses a common set of challenges posed by the increased digitalization of information, the rising power of private companies delimiting access to that information, and the cross-border nature of investigations that involve digital evidence. And each has profound implications for privacy, security, and the possibility of meaningful democratic accountability and control. This Essay analyzes the …

The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako

Georgia State University Law Review

The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.

The introduction of a regulator was intended to establish quality standards for all forensic science providers in …

Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney

Jeffrey K Gurney

Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring the vehicle to decide whom or what to hit. In such situations, the vehicle will make difficult ethical decisions based upon its programming — more specifically, how its crash-optimization algorithm is programmed.This Article examines crash-optimization algorithms from an ethical and legal standpoint through the lenses of six moral dilemmas. Ethically, the Article focuses specifically on utilitarian and Kantian ethics. Legally, the Article considers the tort and criminal law implications of crash-optimization algorithms.In addition, the Article discusses whether autonomous vehicles should even make ethical decisions. Concluding that they should …

The Hallmark Of A Champion—Or Not, Robert Sanger

Robert M. Sanger

Two decisions that just came down, one from the United States Supreme Court and the other from the California Supreme Court. The former is Hall v. Florida and the latter is In re Champion on Habeas Corpus. The Hall and Champion cases, although they do not cite each other, both discuss significant issues with regard to who is eligible for execution under the Atkins decision.

Hall and Champion perpetuate the myth that capital punishment can be imposed accurately and consistently. Additionally, both cases contain serious errors in interpreting science while suggesting that life and death decisions can be based on …

Full-Scale Intelligence Quotient Test Scores And The Impropriety Of “Ethnic (Or Socio-Economic) Adjustment” In Atkins Cases, Robert Sanger

Robert M. Sanger

After attending this presentation, attendees will gain new information regarding developments in epigenetics which relate to the validity of Full-Scale Intelligence Quotient (FSIQ) scores in determining intellectual disability for the purpose of eligibility of a criminal defendant to be executed if otherwise subject to the death penalty. (Complete Abstract at page 727 of the proceedings: http://www.aafs.org/sites/default/files/2015/2015Proceedings.pdf )

Iq, Intelligence Testing, Ethnic Adjustments And Atkins, Robert M. Sanger

Robert M. Sanger

Empiricism In Daubert And The California Supreme Court In Sargon, Robert Sanger

Robert M. Sanger

California has become a Daubert state. In Sargon v. The University of Southern California, the California Supreme Court held that judges are the “gatekeepers” with regard to expert or scientific evidence in this state, just as has been the case in the federal system (and many other states) since the decision in Daubert. Now that California is avowedly a Daubert state, it is important to understand why courtroom evidence – scientific, expert or, for that matter, otherwise – is properly grounded in empiricism. Empiricism is the theory that knowledge is derived from experience. Understanding this empirical basis for both Daubert …

Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind

Tonja Jacobi

It is routinely assumed that there is a trade-off between police efficiency and the warrant requirement. But existing analysis ignores the interaction between police investigative practices and criminal innovation. Narrowing the definition of a search or otherwise limiting the requirement for a warrant gives criminals greater incentive to innovate to avoid detection. With limited police resources to develop countermeasures, police will often be just as effective at capturing criminals when facing higher Fourth Amendment hurdles. We provide a game theoretic model that shows that when police investigation and criminal innovation are considered in a dynamic context, the police efficiency rationale …

The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm

Seattle University Law Review

This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part VI offers …

Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger

Robert M. Sanger

In the Atkins case, the United States Supreme Court held that it was unconstitutional to execute a person who was intellectually disabled (mentally retarded). An IQ score is evidence that can be considered in making the determination of whether a particular individual is intellectually disabled. Certain prosecution experts seek to add points to the scores of African Americans as a form of "ethnic adjustment" making those individuals more susceptible to being put to death. This article examines the molecular biology issues that may have an effect on whether such points should properly be added.

Transcript For Panel Two: Criminal Law And Dna Science: Balancing Societal Interests And Civil Liberties, American University Law Review

American University Law Review

No abstract provided.