Social and Behavioral Sciences Commons^™

Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton

Scholarship@WashULaw

This analysis contributes to an online symposium on Dov Fox’s book BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE CHANGING REPRODUCTION AND THE LAW. Using eugenics and reproductive justice as points of departure, this review highlights both strengths and weaknesses in Fox’s approach.

Teaching With Feminist Judgments: A Global Conversation, Susan Frelich Appleton, Gabrielle J. Appleby, Ross Astoria, Linda L. Berger, Bridget J. Crawford, Sharon Cowan, Rosalind Dixon, Troy Lavers, Andrea L. Mcardle, Elisabeth Mcdonald, Teri A. Mcmurtry-Chubb, Vanessa Munro, Kathryn M. Stanchi, Pam Wilkins

Scholarship@WashULaw

This conversational-style essay is an exchange among fourteen professors — representing thirteen universities across five countries — with experience teaching with feminist judgments. Feminist judgments are “shadow” court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases.

This essay begins to explore …

What Would Mlk Do?: A Civil Rights Model Of “Good Citizenship” In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

Good citizenship and eager participation in police investigations would seem to fit hand-in-glove. The good citizen helps to enforce the criminal law, particularly if the physical safety of the citizenry is thought to be at risk. But as Bennett Capers argues in his essay, Criminal Procedure and the Good Citizen, this version of the good citizen—crafted and propagated by our nation’s highest court—falls into direct tension with the activist principles animating the Civil Rights Movement. For instance, Martin Luther King, Jr., insisted that the citizen not suffer from a cultural condition Capers describes as “too much respect for majoritarian …

Telling The Story Of Justice Sandra Day O'Connor, Susan Frelich Appleton

Scholarship@WashULaw

Appearing as part of the WASHINGTON UNIVERSITY JOURNAL OF LAW and POLICY’s celebration of the sesquicentennial of the first women law students, this brief review critically examines FIRST: SANDRA DAY O’CONNOR, a biography by Evan Thomas. The review follows two themes highlighted by the book, intimacy and gender, and finds the author's treatment of the latter especially problematic. (A shorter version of the review appeared under the title How One Glass Ceiling Was Broken, COMMON READER (Nov. 20, 2019).

The Hidden Transactional Wisdom Of Media Discrimination In Pre-Awcpa Copyright, Kevin Emerson Collins

Scholarship@WashULaw

Media neutrality in copyright’s subject matter means that works of authorship are protected against copying, or not, regardless of the tangible medium in which they are fixed. For example, the same features of a sculptural work are protected regardless of whether they are fixed in a statue or a photograph of a statue. Media neutrality in subject matter is a fundamental and largely unquestioned copyright principle with a firm policy basis under copyright’s dominant incentive-to-create theory. Media discrimination in subject matter undermines in arbitrary ways authors’ ability to recoup their creativity costs over the sale of multiple copies.

This Article …

Estate Planning With Shaq And Strom: Teaching Post-Mortem Intimacy Audits, Adrienne D. Davis

Scholarship@WashULaw

This Article highlights the importance of using both popular culture references and fictional show characters as mediums for teaching courses on Trusts and Estates. Utilizing post-mortem intimacy audits, specifically through pop culture pedagogical hypotheticals and case studies, Professor Davis highlights the importance of understanding doctrines within Trusts and Estates Law. Focusing on the examples of Shaquille O’Neal and Strom Thurmond, this Article highlights three important lessons for students: the fragility of estate planning, the effects of individual estate planning on groups’ broader wealth and political equality, and the role of private law in distributing legal rights and political equality.

Perfecting Issue Preservation, Daniel Epps

Scholarship@WashULaw

In his article, “Does It Matter Who Objects? Rethinking the Burden to Prevent Errors in Criminal Process,” Darryl Brown challenges the venerable rule that a defendant must preserve objections to erroneous rulings at trial in order to perfect them for later appeal. Brown ably convinced me that conventional wisdom about who should bear the burden of bringing errors to a court’s attention is woefully under-theorized. In particular, Brown’s move to analyze adjudicative error from the perspective of accident prevention in other legal contexts is both clever and generative of insights. Moreover, Brown made a persuasive case that normative judgments about …

The Defender General, Daniel Epps, William Ortman

Scholarship@WashULaw

The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the Supreme Court of the United States. The Supreme Court is effectively our nation’s chief regulator of criminal justice. But in the battle to influence the Court’s rulemaking, government interests have substantial structural advantages. As compared to counsel for defendants, government lawyers—and particularly those from the U.S. Solicitor General’s office—tend to be more experienced advocates who have more credibility with the Court. Most importantly, government lawyers can act strategically to play for bigger long-term victories, while defense lawyers must zealously advocate …

The Right Approach To Harmless Error, Daniel Epps

Scholarship@WashULaw

My article “Harmless Errors and Substantial Rights” challenged conventional wisdom about the harmless constitutional error doctrine in criminal procedure. Specifically, I contended that the traditional way of understanding harmless error as a remedial doctrine rooted in so-called “constitutional common law” created significant anomalies. Instead, harmless constitutional error doctrine can only be understood as part of the definition and judicial enforcement of constitutional rights.

Few legal scholars have thought as deeply about the mysteries of harmless error as Professor John M. Greabe, and he is well equipped to give the remedial perspective the best possible defense. Nonetheless, despite Professor Greabe’s able …

The Good Lawyer: State-Led Professional Socialization In Contemporary China, Lawrence J. Liu, Rachel E. Stern

Scholarship@WashULaw

How do authoritarian states define and communicate notions of appropriate work conduct and professional excellence? This article examines three channels of communication used by the Chinese state to signal professional expectations to the bar: the bar exam, the administrative rules governing lawyers, and the state-sanctioned National Outstanding Lawyer Award. We find that China’s state narrative about “the good lawyer” celebrates lawyers willing to work closely with the authorities and asks more stringent critics to separate private beliefs from public behavior. In contrast to assumptions often made in research on authoritarian law, this article highlights how lawyers can participate in politics …

Statistical Assessment Of The Significance Of Fracture Fits In Trace Evidence, Evie K. Brooks

Graduate Theses, Dissertations, and Problem Reports (ETD)

Fracture fits are often regarded as the highest degree of association of trace materials due to the common belief that inherently random fracturing events produce individualizing patterns. Often referred to as physical matches, fracture matches, or physical fits, these assessments consist of the realignment of two or more items with distinctive features and edge morphologies to demonstrate they were once part of the same object. Separated materials may provide a valuable link between items, individuals, or locations in forensic casework in a variety of criminal situations. Physical fit examinations require the use of the examiner’s judgment, which rarely can be …

Statistical Evaluation Of Randomly Acquired Characteristics On Outsoles With Implications Regarding Chance Co-Occurrence And Spatial Randomness, Nicole Richetelli

Graduate Theses, Dissertations, and Problem Reports (ETD)

Footwear evidence holds tremendous forensic value, owing to its ability to formulate linkages between victims, suspects and scenes. Naturally, the strength of these linkages is a function of the perceived clarity, quality and rarity of class, subclass and randomly acquired characteristics (RACs), which are the fundamental outsole features used to formulate source associations. In order to reach a conclusion when performing a footwear comparison, forensic examiners must assign value to the observed similarities and differences that exist between questioned crime scene and test impressions. Embedded within this process is an evaluation of the random association between unrelated shoes as a …

Validation Of Fast Spectrochemical Screening Methods For The Identification Of Counterfeit Pharmaceutical Packaging, Emily Ann Haase

Graduate Theses, Dissertations, and Problem Reports (ETD)

Counterfeit pharmaceuticals are an actively developing health and economic threat worldwide. Particularly prevalent are counterfeit pharmaceuticals distributed in emerging nations and through internet pharmacies or e-pharmacies. Although technology has been developed that discourages anti-counterfeiting practices (such as optically variable devices, invisible ink, and track-and-trace technology), it remains somewhat novel and expensive to implement on a widespread scale.

In this study, Laser Induced Breakdown Spectroscopy (LIBS) and Attenuated Total Reflectance-Fourier Transform Infrared Spectroscopy (ATR-FTIR) were proposed as fast and non-invasive tools for the identification of counterfeit pharmaceutical packages. The main objective of this research was to develop and evaluate the capabilities …

The Effects Of Household Substrates On The Evaporation Of Ignitable Liquids At Temperatures Up To 210℃, Caitlyn Wensel

Graduate Theses, Dissertations, and Problem Reports (ETD)

In fire debris analysis, ignitable liquid residues are commonly identified using gas chromatography-mass spectrometry (GC-MS). The detection and identification of an ignitable liquid can help arson investigators determine whether a fire was intentional or accidental. To assist with the identification of ignitable liquid residues, chromatograms of questioned samples are typically compared to those of known ignitable liquids that have been weathered (evaporated) to different extents. Practitioners typically perform such weathering at room temperature and to a limited number of extents of weathering, so their database of weathered residues is likely to deviate markedly from casework residues. The ultimate goal of …

The Wandering Officer, Ben Grunwald, John Rappaport

Faculty Scholarship

“Wandering officers” are law-enforcement officers fired by one department, sometimes for serious misconduct, who then find work at another agency. Policing experts hold disparate views about the extent and character of the wandering-officer phenomenon. Some insist that wandering officers are everywhere—possibly increasingly so—and that they’re dangerous. Others, however, maintain that critics cherry-pick rare and egregious anecdotes that distort broader realities. In the absence of systematic data, we simply do not know how common wandering officers are or how much of a threat they pose, nor can we know whether and how to address the issue through policy reform.

In this …

Changing The Law To Change Policing: First Steps, Barry Friedman, Brandon L. Garrett, Rachel Harmon, Christy E. Lopez, Tracey L. Meares, Maria Ponomarenko, Christopher Slobogin, Tom R. Tyler

Faculty Scholarship

Recent events have brought to the fore longstanding concerns about the nature of policing in the United States and how it undermines racial equity. As an institution, policing needs significant reconsideration. It is time to rethink the structure and governance of policing. It is also time to engage in a deeper conversation about the meaning of public safety. In the meantime, however, the following is a list of urgently-needed reforms, compiled by a small group of law school faculty, each of whom runs or is associated with an academic center devoted to policing and the criminal justice system. The reforms …

Justice In Forensic Algorithms, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Undeliverable: Suspended Driver's Licenses And The Problem Of Notice, Brandon L. Garrett, Karima Modjadidi, William Crozier

Faculty Scholarship

In North Carolina, one in seven adult drivers currently has a suspended license for nondriving related reasons. As in many other states, in North Carolina, driver’s licenses are commonly suspended, for reasons unrelated to safety, when a person fails to appear in court in response to notice of a traffic court date or fails to pay traffic fines. Notices of traffic court dates are sent by mail, typically to the address on record at the Department of Motor Vehicles, as are subsequent notices that the consequence for nonappearance will be a driver’s license suspension. To better understand the effects of …

Quantifying The Need For Supervised Machine Learning In Conducting Live Forensic Analysis Of Emergent Configurations (Eco) In Iot Environments, Victor R. Kebande, Richard A. Ikuesan, Nickson M. Karie, Sadi Alawadi, Kim-Kwang Raymond Choo, Arafat Al-Dhaqm

Research outputs 2014 to 2021

© 2020 The Author(s) Machine learning has been shown as a promising approach to mine larger datasets, such as those that comprise data from a broad range of Internet of Things devices, across complex environment(s) to solve different problems. This paper surveys existing literature on the potential of using supervised classical machine learning techniques, such as K-Nearest Neigbour, Support Vector Machines, Naive Bayes and Random Forest algorithms, in performing live digital forensics for different IoT configurations. There are also a number of challenges associated with the use of machine learning techniques, as discussed in this paper.

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …

Convenience Theory Of Cryptocurrency Crime: A Content Analysis Of U.S. Federal Court Decisions, Claire Nolasco Braaten, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

This article examines cryptocurrency cases decided in the U.S. District and Circuit Courts to determine the applicability of Gottschalk’s convenience theory of white collar crime to cryptocurrency crime litigation and to empirically analyze whether the conditions under which cryptocurrency offenses occurred show support for the convenience theory. Analysis of U.S. federal district and circuit court case law involving cryptocurrency crimes and fraud indicate support for the convenience theory of white-collar crime. Defendants in various schemes were motivated by financial gain, either for the company or for personal use. Their roles and positions in the businesses allowed them access to resources …

Human Rights? What A Good Idea! From Universal Jurisdiction To Crime Prevention, Daniel Feierstein

Genocide Studies and Prevention: An International Journal

Over the last decades, Genocide Studies has entered in a “comfort zone.” With fellowships and support from governments or NGOs, we have developed a very comfortable environment in which the knowledge we produce about genocide prevention is neither critical nor useful. We have become trapped by assumptions we have never checked against reality and many of us have chosen to work inside the circle of those assumptions: genocide and mass violence are horrible acts committed by horrible people; we cannot stand by and do nothing; we have the responsibility to protect civilian populations and that responsibility takes the form, as …

How Gun Control Laws Affect Homicide, Abbey Maloney

Honors Theses

Homicide is an ever-prevalent problem in the United States (U.S.). One solution that is often turned to is the implementation of stricter gun control laws. This causes much divide as many citizens are not in agreement about whether or not these laws do what they are intended to. The aim of this study was to determine whether or not gun control laws have an effect on homicide, and, if so, what this effect is. The U.S. states were evaluated in several different categories to determine how strict or lax their gun laws were. They were scored using the number of …

Effect Of 17a - Ethynylestradiol On The Pupation Rate, Emergence Rate, And Sex Ratio Of Phormia Regina (Calliphoridae), Bethany K. Hoschar

Honors Theses

After death, blowflies are attracted to decomposing remains for feeding and reproduction purposes. Since blowflies are usually the first species to colonize a set of remains, they are important to forensic scientists when estimating the time since death. Using the knowledge of the life cycle of a blowfly and any interferences of the environment that can affect the development, forensic entomologists can estimate the time since the arrival of blowflies, otherwise considered time since deposition. This research investigated how a specific estrogen, 17 a-ethynylestradiol, present in pollutants affects the development time of blowflies, and therefore the time since death estimation. …

Fabricated Forensics: Examining An Undergraduate Population’S Ability To Detect Fallacies In Crime-Based Media, Conner Davis

Senior Capstone Theses

My research examines the effects of general education on students’ perspectives of the CSI effect. The CSI effect is a phenomenon in which people’s perceptions of criminal investigation are distorted from the truth because of the media’s portrayal of criminal investigation. The study sample includes undergraduate students enrolled in a Mid-Atlantic University. To quantify the degrees in which subjects are susceptible to the CSI effect, the subjects will be measured on their ability to identify basic forensic investigation flaws portrayed in three different television series. Subjects were given a worksheet, exposed to a fifteen-minute video compilation, and were told to …

Founding The Domain Of Ai Forensics, Ibrahim Baggili, Vahid Behzadan

Electrical & Computer Engineering and Computer Science Faculty Publications

With the widespread integration of AI in everyday and critical technologies, it seems inevitable to witness increasing instances of failure in AI systems. In such cases, there arises a need for technical investigations that produce legally acceptable and scientifically indisputable findings and conclusions on the causes of such failures. Inspired by the domain of cyber forensics, this paper introduces the need for the establishment of AI Forensics as a new discipline under AI safety. Furthermore, we propose a taxonomy of the subfields under this discipline, and present a discussion on the foundational challenges that lay ahead of this new research …

Impact Of High Profile Police Use Of Force Incidents On Violent Crime Rates, Megan Galante

Honors Theses

This research study examined the relationship between high-profile police use of force incidents and local violent crime rates. It is important to analyze the impact that police use of force has on the respective community in regard to crime rates. This study analyzed three incidents of police use of force that have received extensive coverage in the media in order to determine if there was a change in the rates of violent crime in that city. The theory of de-policing suggests that in the aftermath of a high-profile incident of police brutality, police departments in the area change their behaviors …

Evaluation Of Dna From Blood And Saliva Overtime, Janine Smalling

Honors Theses

In this research, we will examine the quantity of DNA over time. In John M. Butlers, "Fundamentals of Forensic DNA Typing", he charts out the average amount of DNA extracted from different bodily fluid samples. Examples include blood, semen, saliva, urine, etc. Though valuable, the values presented are in the cases of a fresh extraction of the sample. It is important to note that in most cases when DNA is being extracted from crime scene evidence, the samples are not fresh and have been degraded to some extent. On a crime scene, time is only one of the factors affecting …

Exposure To Violence Leads Youths Convicted Of Serious Offenses To Subsequent Criminal Offending As Adults, Nicolette Perez

Criminology & Criminal Justice Theses - Archive

A growing health issue in the United States is violence, specifically violence against children and youths. Research finds that children and youth are steadily exposed to violence during their daily routines. Thus, exposure to community violence and domestic violence has been of primary interest to researchers. In addition, risk factors that incite these types of violence have been largely studied. As a result, to increased scholar attention, the effects of violence on children and youths is of vital importance. Although constant attention is brought to this public health concern, there is less known about the effects of exposure to violence …

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …