Law Commons^™

I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds

William & Mary Law Review

No abstract provided.

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

BYU Law Review

No abstract provided.

Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain

Brigham Young University Journal of Public Law

No abstract provided.

The Emerging Death Penalty Jurisprudence Of The Roberts Court, Kenneth C. Haas

The University of New Hampshire Law Review

[Excerpt] “In 1976, four years after finding the nation’s death penalty laws to be constitutionally flawed, the U.S. Supreme Court established the parameters of modern American death penalty jurisprudence. Since then the Court has gone through several phases. The Court proceeded cautiously from 1977 to 1982, limiting the death penalty to those who committed murder in a manner deemed especially heinous and despicable by judges and juries, requiring even-handedness and consistency in capital sentencing, and insisting that sentencing authorities examine the individual characteristics of each offender and the particular circumstances of his crime. From 1983 to 2001, however, the Court …

Completely Unguided Discretion: Admitting Non-Statutory Aggravating And Non-Statutory Mitigating Evidence In Capital Sentencing Trials, Sharon Turlington

The University of New Hampshire Law Review

[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial level for the last ten years, my perspective on the problems inherent in the system seems vastly different from that presented in academic research and even in case law. While most of the recent changes in death penalty law have focused on the right of the defendant to have sentencing enhancing elements of an offense proven to a jury beyond a reasonable doubt, much of the evidence presented in an actual death penalty jury trial is non-statutory aggravation and non-statutory mitigation. Generally, non-statutory aggravating …

Death Is Unconstitutional: How Capital Punishment Became Illegal In America—A Future History, Jur. Eric Engle Ph.D.

The University of New Hampshire Law Review

[Excerpt] “A constitution is an organic fact of every state: it is a part of the being of the state. People, like the state, also have a constitution—a character. Just as people change over time, so do states. But just as there are natural limits on what people can or cannot become, so there are natural limits on what the state can and cannot fairly do. No man, nor any group of men, ex ante may justly take the life of another person, though perhaps their killing may be excused (or forgiven) ex post.”

"The death of Death would surely …

Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board

The University of New Hampshire Law Review

Table of contents for a special issue on the topic of capital punishment.

The Abolitionist’S Dilemma: Establishing The Standards For The Evolving Standards Of Decency, Dwight Aarons

The University of New Hampshire Law Review

[Excerpt] “For those who believe that the death penalty should be declared unconstitutional and that the U.S. Supreme Court is the institution that should make that declaration, these are interesting times. On one hand, the Rehnquist Court, which had previously not been a reliable friend of criminal defendants, in 2002, ruled that it was unconstitutional to execute mentally retarded defendants, and in 2005 it came to the same conclusion as to defendants who committed a capital crime before his or her eighteenth birthday. On the other hand, close scrutiny of these opinions evidences that the Court all but casts aside …

The Death Penalty And Reversible Error In Massachusetts, Alan Rogers

The University of New Hampshire Law Review

[Excerpt] “This article will survey Massachusetts homicide cases from 1805 to 1996 in which the SJC found reversible error. For comparative purposes, the data will be grouped into three periods: from 1805, the year the SJC began to publish its decisions, to 1891, the year original jurisdiction for homicide cases was transferred from the SJC to the Superior Court; 1892 to 1939, the year Massachusetts law allowed the SJC to review the facts as well as the law of capital cases; and from 1940 to 1996, the year Chief Justice Paul Liacos resigned from the court and the importance of …

Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Of Vice And Men: A New Approach To Eradicating Sex Trafficking By Reducing Male Demand Through Educational Programs And Abolitionist Legislation, Iris Yen

Journal of Criminal Law and Criminology

No abstract provided.

Un-Incorporating The Bill Of Rights: The Tension Between The Fourteenth Amendment And The Federalism Concerns That Underlie Modern Criminal Procedure Reforms, Justin F. Marceau

Journal of Criminal Law and Criminology

No abstract provided.

Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht

Journal of Criminal Law and Criminology

No abstract provided.

Book Review: Challenges To Digital Forensic Evidence, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the fifth Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler (gary.kessler@champlain.edu) or Glenn S. Dardick (gdardick@dardick.net).

The 2007 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland

Journal of Digital Forensics, Security and Law

All organisations, whether in the public or private sector, increasingly use computers and other devices that contain computer hard disks for the storage and processing of information relating to their business, their employees or their customers. Individual home users also increasingly use computers and other devices containing computer hard disks for the storage and processing of information relating to their private, personal affairs. It continues to be clear that the majority of organisations and individual home users still remain ignorant or misinformed of the volume and type of information that is stored on the hard disks that these devices contain …

Book Review: The Dotcrime Manifesto: How To Stop Internet Crime, Gary C. Kessler

Journal of Digital Forensics, Security and Law

No abstract provided.

Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal of Criminal Law and Criminology

No abstract provided.

The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister

Journal of Criminal Law and Criminology

No abstract provided.

Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones

Journal of Criminal Law and Criminology

No abstract provided.

An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky

Journal of Criminal Law and Criminology

No abstract provided.

The Felony Murder Rule In Illinois: The Injustice Of The Proximate Cause Theory Explored Via Research In Cognitive Psychology, Martin Lijtmaer

Journal of Criminal Law and Criminology

No abstract provided.

The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons

Journal of Criminal Law and Criminology

No abstract provided.

Mens Rea For Sexual Abuse: The Case For Defining The Acceptable Risk, Eric A. Johnson

Journal of Criminal Law and Criminology

No abstract provided.

Who Is Reading The Data On Your Old Computer?, Vivienne Mee

Journal of Digital Forensics, Security and Law

Researchers at Rits Information Security performed a study in how the Irish population disposes of their old computers. How would you dispose of your old computer, or how would the company you work for dispose of their old computers?

The majority of Irish homeowners, would bring their old computers to local civic amenity centres, give it away to a relative or sell it on to another party.

Some organisations would give their old equipment to a staff member, as a gift gesture, others may simply discard in the local civic amenity site.

What is wrong with the methods currently being …

Developing A Process Model For The Forensic Extraction Of Information From Desktop Search, Timothy Pavlic, Jill Slay, Benjamin Turnbull

Journal of Digital Forensics, Security and Law

Desktop search applications can contain cached copies of files that were deleted from the file system. Forensic investigators see this as a potential source of evidence, as documents deleted by suspects may still exist in the cache. Whilst there have been attempts at recovering data collected by desktop search applications, there is no methodology governing the process, nor discussion on the most appropriate means to do so. This article seeks to address this issue by developing a process model that can be applied when developing an information extraction application for desktop search applications, discussing preferred methods and the limitations of …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Trends In Virtualized User Environments, Diane Barrett

Journal of Digital Forensics, Security and Law

Virtualized environments can make forensics investigation more difficult. Technological advances in virtualization tools essentially make removable media a PC that can be carried around in a pocket or around a neck. Running operating systems and applications this way leaves very little trace on the host system. This paper will explore all the newest methods for virtualized environments and the implications they have on the world of forensics. It will begin by describing and differentiating between software and hardware virtualization. It will then move on to explain the various methods used for server and desktop virtualization. Next, it will explain how …

Steganography: Forensic, Security, And Legal Issues, Merrill Warkentin, Ernst Bekkering, Mark B. Schmidt

Journal of Digital Forensics, Security and Law

Steganography has long been regarded as a tool used for illicit and destructive purposes such as crime and warfare. Currently, digital tools are widely available to ordinary computer users also. Steganography software allows both illicit and legitimate users to hide messages so that they will not be detected in transit. This article provides a brief history of steganography, discusses the current status in the computer age, and relates this to forensic, security, and legal issues. The paper concludes with recommendations for digital forensics investigators, IT staff, individual users, and other stakeholders.

Data Mining Techniques In Fraud Detection, Rekha Bhowmik

Journal of Digital Forensics, Security and Law

The paper presents application of data mining techniques to fraud analysis. We present some classification and prediction data mining techniques which we consider important to handle fraud detection. There exist a number of data mining algorithms and we present statistics-based algorithm, decision treebased algorithm and rule-based algorithm. We present Bayesian classification model to detect fraud in automobile insurance. Naïve Bayesian visualization is selected to analyze and interpret the classifier predictions. We illustrate how ROC curves can be deployed for model assessment in order to provide a more intuitive analysis of the models.