Legal Studies Commons^™

Editorial Foreword Ijsls Volume 2 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This edition of IJSLS further emphasizes the importance of interdisciplinary research in legal studies, which is needed to explain various legal issues and legal institutions more fundamentally and completely. The findings of doctrinal studies can be enriched by an approach that places legal issues in the social, political, economic, and cultural contexts. Thus, legal studies can produce explanations and recommendations that are close to the community's sense of justice.

Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one’s conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent’s being blameworthy for an act and their deserving punishment (or suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus liable to …

Criminal Justice Update - October 2022, Patrick Mahoney

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court: Criminal Law & Procedure (no updates this month)
• PA Supreme Court: Criminal Law & Procedure
• PA Superior Court: Criminal Law & Procedure

Examining Bias In Jury Selection For Criminal Trials In Dallas County, Megan Ball, Brandon Birmingham, Matt Farrow, Katherine Mitchell, Bivin Sadler, Lynne Stokes

SMU Data Science Review

One of the hallmarks of the American judicial system is the concept of trial by jury, and for said trial to consist of an impartial jury of your peers. Several landmark legal cases in the history of the United States have challenged this notion of equal representation by jury—most notably Batson v. Kentucky, 476 U.S. 79 (1986). Most of the previous research, focus, and legal precedence has centered around peremptory challenges and attempting to prove if bias was suspected in excluding certain jurors from serving. Few studies, however, focus on examining challenges for cause based on self-reported biases from the …

Police Officers Arrested For Driving Under The Influence, 2005-2017, Leah M. Jolliffe, Chloe A. Wentzlof, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the Midwestern Criminal Justice Association in Chicago, IL, on September 22, 2022.

Police Crime Committed In Tandem: An Exploration Of The Interconnectedness Of Offenses Committed By Law Enforcement Officers, 2005-2017, Jonathan R. Kutz, Chloe A. Wentzlof, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the Midwestern Criminal Justice Association in Chicago, IL, on September 22, 2022.

Driving While Female: An Exploratory Study Examining Law Enforcement’S Abuse Of Power Against Female Drivers, 2005-2017, Alexa J. Sir Louis, Chloe A. Wentzlof, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the Midwestern Criminal Justice Association in Chicago, IL, on September 22, 2022.

Criminal Justice And Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology News

• JOB OPPORTUNITY for MARTA Police in Atlanta

Faith-Based Addiction Treatment Programs And The Drug Courts, Christopher J. Boosey

Liberty University Journal of Statesmanship & Public Policy

Addiction treatment programs are a major part of the Drug Courts system as under this system, addiction treatment and rehabilitation are used in an attempt to address the root causes of crime with the intent to reducing recidivism rates. Trends in research are beginning to show that faith-based addiction treatment programs are more effective than comparable secular programs. However, there are constitutional issues that prevent these programs being awarded by the drug courts without a comparable, secular alternative. This essay reviews relevant research on the comparable efficacy of faith-based and secular addiction programs and the constitutional issues related to the …

Evaluating The Panoptic Deterrent Effect Of Skywatch Surveillance Towers: A Mixed Methods Analysis, Penny M. Geyer

Dissertations at the University of New Haven

The internalization of an all-seeing gaze is an important component of crime control, whether in the form of suitable guardians, place managers, or meticulous surveillance ceremonies. Specifically, panoptic technologies have the potential to “normalize” behaviors through visible yet unverifiable surveillance. Although marketed as a technology that deters crime, SkyWatch surveillance towers’ actual deterrent effect has never been empirically evaluated. Such an assessment is critical not only from a crime reduction perspective, but also one of cost-effectiveness as these towers cost hundreds of thousands of dollars.

Utilizing a sequential triangulation mixed method procedure, information from 21 semi-structured interviews was combined with …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

Criminal Justice Update - September 2022, Patrick Mahoney

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)

• Updates from the PA Legislature

• Updates from the Courts

  • U.S. Supreme Court (No updates this month)

  • PA Supreme Court: Criminal Law & Procedure

  • PA Superior Court: Criminal Law & Procedure

Colombian Women’S Experiences Of The Canadian Refugee And Asylum Adjudication Process, Camila N. Parra Carrillo

Electronic Thesis and Dissertation Repository

The present thesis “Colombian women’s experiences of the Canadian refugee and asylum adjudication process” is an ethnographic description and analysis of the experiences of Colombian refugee women as they move through the refugee and asylum adjudication system in Ontario, Canada. Using concepts such as liminality, politics of waiting, hermeneutics of suspicion and arbitrariness, the refugee and asylum adjudication system is shown to be a site of power and domination that creates negative emotions in the people who face it, especially in the oral hearing as a central event in the process. Centering Colombian refugee women’s voices, their experiences and emotions …

Misunderstanding Law: Undergraduates’ Analysis Of Campus Title Ix Policies, Kat Albrecht, Laura Beth Nielsen, Lydia Wuorinen

CJC Publications

Colleges and universities are legally required to attempt to prevent and redress sexual violations on campus. Neo-institutional theory suggests that the implementation of law by compliance professionals rarely achieves law’s goals. It is critical in claims-based systems that those who are potential claimants understand the law. This article demonstrates that: (1) intended subjects of the law (colleges and universities) interpret and frame the law in very similar ways (2) resultant policies are complex and difficult to navigate; and (3) that university undergraduates in an experimental setting are not able to comprehend the Title IX policies designed to protect them. These …

Understanding The Challenges Of Cryptography-Related Cybercrime And Its Investigation, Sinyong Choi, Katalin Parti

International Journal of Cybersecurity Intelligence & Cybercrime

Cryptography has been applied to a range of modern technologies which criminals also exploit to gain criminal rewards while hiding their identity. Although understanding of cybercrime involving this technique is necessary in devising effective preventive measures, little has been done to examine this area. Therefore, this paper provides an overview of the two articles, featured in the special issue of the International Journal of Cybersecurity Intelligence and Cybercrime, that will enhance our understanding of cryptography-related crime, ranging from cryptocurrency and darknet market to password-cracking. The articles were presented by the winners of the student paper competition at the 2022 International …

Dynamics Of Dark Web Financial Marketplaces: An Exploratory Study Of Underground Fraud And Scam Business, Bo Ra Jung, Kyung-Shick Choi, Claire Seungeun Lee

International Journal of Cybersecurity Intelligence & Cybercrime

The number of Dark Web financial marketplaces where Dark Web users and sellers actively trade illegal goods and services anonymously has been growing exponentially in recent years. The Dark Web has expanded illegal activities via selling various illicit products, from hacked credit cards to stolen crypto accounts. This study aims to delineate the characteristics of the Dark Web financial market and its scams. Data were derived from leading Dark Web financial websites, including Hidden Wiki, Onion List, and Dark Web Wiki, using Dark Web search engines. The study combines statistical analysis with thematic analysis of Dark Web content. Offering promotions …

Kerberoasting: Case Studies Of An Attack On A Cryptographic Authentication Technology, D Demers, Hannarae Lee

International Journal of Cybersecurity Intelligence & Cybercrime

Kerberoasting, an attack vector aimed at the Kerberos authentication protocol, can be used as part of an adversary’s attack arsenal. Kerberos is a type of network authentication protocol that allows a client and server to conduct a mutual verification before providing the requested resource to the client. A successful Kerberoasting attack allows an adversary to leverage the architectural limitations of Kerberos, providing access to user password hashes that can be subject to offline cracking. A cracked user password could give a bad actor the ability to maintain persistence, move laterally, or escalate privileges in a system. Persistence or movement within …

An Examination Of The Effects Of Workgroup Characteristics On Criminal Case Processing & Case Outcomes, Luis Torres

Dissertations

The court communities and inhabited institutions perspectives posit that courts should be examined through a lens that considers the complex and collaborative process that court actors (e.g., judges, prosecutors, and defense counsels), collectively referred to as the courtroom workgroup, engage in during case processing. However, empirical research infrequently examines such intricacies and devotes little attention to how the characteristics of workgroup members influence courtroom interactions, the efficiency they process cases, and ultimately case decisions. This omission is notable because theory asserts that the dynamics of the workgroup are at least in part driven by the characteristics of its members.

This …

Method Optimization For The Determination Of Cannabinoids In Blood By Liquid Chromatography Tandem Mass Spectrometry (Lc-Ms/Ms), Kevin D. Carrera

Student Theses

Delta-9-tetrahydrocannabinol (THC) continues to be one of the most popular drugs in the USA. Along with THC, other cannabinoids such as cannabidiol (CBD), are on the rise due to an increase in medicinal usage as well as the passage of different legislations removing these products from their current schedule I status. Thus, an urgency exists to develop robust and sensitive analytical methods to determine cannabinoids, especially THC, CBD and metabolites, in biological samples. The purpose of this study was to investigate different analytical procedures to determine the best method to identify and quantify CBD, THC and their metabolites in whole …

Comparing The Us To Other Nations: Experimental Evidence On Changing Public Punitiveness, Vinny Coyle

Honors Program Theses and Projects

The United States incarceration rate was once on par with other western, industrialized democracies. Dating back to the 1980’s, the United States incarceration rate began to increase exponentially and at an alarmingly high rate, much higher than its comparative countries. Public punitiveness on criminal justice policies has been the driving force behind this. Thus, this study aims to analyze the public’s support for punitive or more rehabilitative criminal justice policies after being presented with accurate information comparing US incarceration rates and its comparative countries since the 1950’s. Participants were recruited via Amazon Mechanical Turk and given a Qualtrics survey link …