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Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Book Review: Iphone And Ios Forensics: Investigation, Analysis And Mobile Security For Apple Iphone, Ipad And Ios Devices, Christopher Schulte

Journal of Digital Forensics, Security and Law

These are exciting times for Digital Forensics practitioners. While our examinations of mobile devices (including cell phones and tablet computers) continue to bring new and sometimes hair-pulling challenges into our labs and on-site engagements, research and understanding of these tiny computers is increasing at what seems an exponential rate. This is especially true in the iOS (Apple Computer’s mobile operating system that powers the iPhone, iPad, iPod Touch and Apple TV) space. The diligent work of talented computer scientists in this field allows examiners everywhere to reap the benefits of easier, faster and more effective examinations that yield more accurate …

Investigating Modern Communication Technologies: The Effect Of Internet-Based Communication Technologies On The Investigation Process, Matthew Simon, Jill Slay

Journal of Digital Forensics, Security and Law

Communication technologies are commonplace in modern society. For many years there were only a handful of communication technologies provided by large companies, namely the Public Switched Telephone Network (PSTN) and mobile telephony; these can be referred to as traditional communication technologies. Over the lifetime of traditional communication technologies has been little technological evolution and as such, law enforcement developed sound methods for investigating targets using them. With the advent of communication technologies that use the Internet – Internet-based or contemporary communication technologies – law enforcement are faced with many challenges. This paper discusses these challenges and their potential impact. It …

School-Based Juvenile Probation And Police Partnerships For Truancy Reduction, Leanne F. Alarid, Barbara A. Sims, James Ruiz

Contemporary Issues in Juvenile Justice

Truancy places students at risk in primary and secondary education and is linked to conduct disorder, drug use, and delinquency. To prevent truancy and reduce risk, school-based proba-tion supervision has emerged within school districts in partnership with local law enforcement officers in an effort to enforce probation conditions for truant youths and prevent future delin-quency. This research uses key information interviews of knowledgeable stakeholders to examine the delivery of school-based probation supervision. Home visits and court hearings were perceived to be effective at reducing truancy and tardiness. This study affirms that strong lead-ership, information sharing, and involvement of parents were …

Enrolling And Engaging High-Risk Youths And Families In Community-Based, Brief Intervention Services, Richard Dembo, Laura M. Gulledge, Rhissa Briones-Robinson, Ken C. Winters

Faculty Publications

Increasing interest has been shown in brief interventions for troubled persons, including those with substance abuse problems. Most of the published literature on this topic has focused on adults, and on the efficacy of these interventions. Few of these studies have examined the critical issues of enrollment and engagement in brief intervention services. The present article seeks to address the shortcomings in the current literature by reporting on our experiences implementing National Institute on Drug Abuse (NIDA)-funded brief intervention projects involving truant and diversion program youths.

Tort Reform And American Political Economy, Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The expansion of tort liability throughout the last century was a unique period of American legal history. In the field of products liability the expansion was dramatic; so much that it can be considered revolutionary. Also, the reaction to this expansion was so forceful that it thwarted the larger goals of the expansionary movement. This paper will review the purposes of the expansion of tort law in the twentieth century and the purposes and effects of the reaction it spurred at the state level. In short, it is my conclusion that the expansion of products liability after World War II--the …

Call Of Duty: A Question Of Police Integrity, Albert O. Gamarra

Dissertations, Theses, and Capstone Projects

Policing is a profession linked to ideals of integrity and honor. In spite of this, the profession has not been immune to corruption within its ranks. Most research in policing has concentrated on police corruption rather than police integrity. Research studies have examined the issue of corruption but they have encountered a multitude of measurement issues, making the direct study of corruption difficult.

The goal of this research study was to replicate the seminal Klockars, Ivkovich, Harver & Haberfeld (2000) study examining police integrity within the United States. There has been a lack of research dedicated to the study of …

American Legal Theory And American Legal Education: A Snake Swallowing Its Tail?, John Henry Schlegel

Journal Articles

No abstract provided.

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Journal Articles

Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …

Card Check Labor Certification: Lessons From New York, William A. Herbert

Publications and Research

During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …

Preparing The Young Offender For Return To Society: A Theoretical Evaluation Of Guyanese Juvenile Delinquents' Narratives Based On General Treatment Models, Bertlyn Gretna Reynolds

Wayne State University Dissertations

The site of the study is a co-educational detention center known as the New Opportunity Corps (NOC), located in a former British colony of South America, now known as Guyana. Forty- eight detainees of this institution, which is also legally designated a training school, were interviewed about their backgrounds, daily activities and plans for the future. These structured interviews were used to test the central tenets of Sociological theories with some bearing on crime. Some of the findings are presented in the form of narrative analysis which includes discussion of various factors likely to have caused their juvenile delinquency. Family …

Assessing Harm Reduction A Qualitative Investigation About The Impact Of Therapeutic Jurisprudence On Non-Completing Drug Court Clients, Traci R. Francis

Electronic Theses and Dissertations

Currently, the drug court treatment outcome literature provides little guidance about examining clients that fail to complete drug court. Typically, only successful clients are tracked and measured for outcome success characteristics and not much is known about unsuccessful client outcomes. A large portion of individuals who begin drug court do not complete the program. With unsuccessful rates ranging from 34 to 73%, it seems reasonable to examine the outcome of these cases. Ignoring this phenomenon is problematic because various stakeholders remain uninformed about the drug court model’s full effectiveness. The focus on successful clients may fail to fully capture and …

The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …

The Relative Recoverability Of Dna And Rna Profiles From Forensically Relevant Body Fluid Stains, Charly Parker

Electronic Theses and Dissertations

Biological material (fluids or tissues) whether from the victim or suspect is often collected as forensic evidence, and methods to obtain and analyze the DNA found in that material have been well established. The type of body fluid (i.e. blood, saliva, semen, vaginal secretions, and menstrual blood) from which the DNA originated is also of interest, and messenger RNA typing provides a specific and sensitive means of body fluid identification. In order for mRNA profiling to be utilized in routine forensic casework, RNA of sufficient quantity and quality must be obtained from biological fluid stains and the methods used for …

What Is Originalism? The Evolution Of Contemporary Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Debates over “originalism” have been a central focus of contemporary constitutional theory for three decades. One of the features of this debate has been disagreement about what “originalism” is. More worrisome is the possibility that the arguments between contemporary originalists and their opponents, the “living constitutionalists”, are confused–-with each side of the debate making erroneous assumptions about the content of their opponent’s theories.

The aim of this chapter is to clarify these debates by providing a history of contemporary originalism and then developing an account of the core or focal content of originalist theory. The history reveals that contemporary originalist …

The Function Of Indigenous Law In A Modern Economic And Political State: The Cameroon Scenario, Victoria M. Time

Sociology & Criminal Justice Faculty Publications

Using Cameroon as a case study, this research examines if a legal system built primarily upon indigenous laws can serve modern economic, political, and social realities. Indigenous laws have several attractive advantages (such as expediency in dispute resolution, and fostering community cohesiveness), and may fully thrive in a homogenous society. However, after examining the realities in Cameroon, the study concludes that since the society has dozens of tribes with values and traditions which are invariably different, and because the country relies on foreign aid, what is advocated is a system whereby indigenous and formal laws co-exist.

Potential Responses To The Melendez-Diaz Line Of Cases, Richard D. Friedman

Articles

Criminal prosecution is increasingly dependent on proof of the results of forensic laboratory tests. They are used, for example, to prove that a given substance contains cocaine; the prove what a driver’s blood alcohol content was; and to demonstrate that the DNA profile of some substance found at the crime scene matches that of the accused.

In Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), the United States Supreme Court resolved a question that had divided the lower courts in the wake of Crawford v. Washington, 541 U.S. 36 (2004). The Melendez-Diaz Court held by a 5-4 vote that forensic laboratory …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A Survey Of Contemporary Enterprise Storage Technologies From A Digital Forensics Perspective, Gregory H. Carlton, Joseph Matsumoto

Journal of Digital Forensics, Security and Law

As the proliferation of digital computational systems continue to expand, increasingly complex technologies emerge, including those regarding large, enterprise-wide, information storage and retrieval systems. Within this study, we examine four contemporary enterprise storage technologies. Our examination of these technologies is presented with an overview of the technological features of each offering and then followed with a discussion of the impact of these technologies on digital forensics methods, particularly regarding forensic data acquisition. We offer a general opinion concerning a recommended data acquisition method when faced with the task of obtaining a forensic image of data contained within these technologies, we …

Legal Issues Regarding Digital Forensic Examiners Third Party Consent To Search, Thomas Lonardo, Doug White, Tricia P. Martland, Alan Rea

Journal of Digital Forensics, Security and Law

This paper focuses on Federal law as it relates to consent to search relating to Fourth Amendment privacy in the practice of Digital Forensics. In particular, Digital Examiners should be aware of how decisions in Federal Court may impact their ability to acquire evidence in both civil and criminal settings. Digital Forensics, being a relatively new field, is particularly subject to change as cases and appeals are decided. This paper provides an overview of relevant case law relating to issues in Digital Forensics. More importantly, our research provides Digital Forensic Examiners (DFE), as defined by Lonardo, White, and Rea (2008, …

Exploring The Iphone Backup Made By Itunes, Mario Piccinelli, Paolo Gubian

Journal of Digital Forensics, Security and Law

Apple’s™ iPhone™ is one of the widest selling mobile on the market, thanks to its simple and user-friendly interface and ever growing pool of available high quality applications for both personal and business use. The increasing use of the iPhone leads forensics practitioners towards the need for tools to access and analyze the information stored in the device. This research aims at describing the process to forensically analyze a logical backup of an iPhone made by the Apple iTunes™ utility, understanding the backup’s structure, and creating a simple tool to automate the process of decoding and analyzing the data. In …

A Case Study In Forensic Analysis Of Control, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper describes a case study in which a method for forensic analysis of control was applied to resolve probative technical issues in a legal action. It describes one instance in which the analysis was successfully applied without challenge, addresses the details of most of the different facets of the analysis method, and demonstrates how such analysis provides a systematic approach to using technical methods to address legal issues as a case study.

Extraction Of Electronic Evidence From Voip: Forensic Analysis Of A Virtual Hard Disk Vs Ram, David Irwin, Jill Slay, Arek Dadej, Malcolm Shore

Journal of Digital Forensics, Security and Law

The popularity of Voice over the Internet Protocol (VoIP) is increasing as the cost savings and ease of use is realised by a wide range of home and corporate users. However, the technology is also attractive to criminals. This is because VoIP is a global telephony service, in which it is difficult to verify the user’s identification. The security of placing such calls may also be appealing to criminals, as many implementations use strong encryption to secure both the voice payload as well as to control messages making monitoring such VoIP calls difficult since conventional methods such as wire-tapping is …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Book Review: Ios Forensic Analysis: For Iphone, Ipad And Ipod Touch, Christopher Schulte

Journal of Digital Forensics, Security and Law

As Digital Forensics practitioners, we know that our discipline is constantly evolving. Keeping abreast means we need to continually refine and broaden our knowledge pools through experience, education, research, peer exchange, and more. Mobile device forensics can be especially dynamic and challenging. With multiple standards in place at the hardware, operating system, and user interface levels, it can be daunting to preserve, analyze, search and report on these tiny yet ubiquitous hand-held computers. Apple Computer’s line of mobile products (iOS devices - iPhone, iPad, iPod Touch) is no exception to this rule.

Column: Every Last Byte, Simson Garfinkel

Journal of Digital Forensics, Security and Law

Inheritance powder is the name that was given to poisons, especially arsenic, that were commonly used in the 17th and early 18th centuries to hasten the death of the elderly. For most of the 17th century, arsenic was deadly but undetectable, making it nearly impossible to prove that someone had been poisoned. The first arsenic test produced a gas—hardly something that a scientist could show to a judge. Faced with a growing epidemic of poisonings, doctors and chemists spent decades searching for something better

Technology Corner: Brute Force Password Generation -- Basic Iterative And Recursive Algorithms, Nick V. Flor, Haile Shannon

Journal of Digital Forensics, Security and Law

Most information systems are secured at minimum by some form of password protection. For various reasons a password may be unavailable, requiring some form of password recovery procedure. One such procedure is software-based automated password recovery, where a program attempts to log into a system by repeatedly trying different password combinations. At the core of such software is a password generator. This article describes the basic iterative and recursive algorithms for generating all possible passwords of a given length, which is commonly referred to as brute-force password generation. The paper ends with a discussion of alternative password recovery procedures one …

A Multilevel Model Of Police Corruption: Anomie, Decoupling, And Moral Disengagement, Ruth Zschoche

USF Tampa Graduate Theses and Dissertations

Police corruption is a primary concern for law enforcement agencies. The purpose of this study was to identify factors that could predict the likelihood of police officer susceptibility to corruption. Data was collected through surveys of 1083 officers within eight U.S. police agencies that were participating in the National Police Research Platform funded by the National Institute of Justice. The data were analyzed using multilevel structural equation and base multilevel models.

The theoretical model for this study addressed susceptibility to corruption on both the departmental (clusters) and individual officer levels. Four main constructs were utilized in this study. Acceptance of …

Mental Health Courts Effectiveness In Reducing Recidivism And Improving Clinical Outcomes: A Meta-Analysis, Brittany Cross

USF Tampa Graduate Theses and Dissertations

Mental health courts have recently emerged with goals to reduce recidivism and improve clinical outcomes for people with serious mental illness in the criminal justice system. The present study is a review of mental health court literature assessing their effectiveness in reducing recidivism and improving clinical outcomes for participants using meta-analytic techniques. A total of 20 studies that included sufficient information to compute the standardized mean difference effect size, focused on adult populations, and were within the United States were included in the analysis. Only experimental and quasi-experimental research designs were obtained. Using Cohen’s d (1988) guidelines, mental health courts …

Drug Courts Work, But How? Preliminary Development Of A Measure To Assess Drug Court Structure And Processes, Blake Barrett

USF Tampa Graduate Theses and Dissertations

The high prevalence of substance use disorders is well-documented among criminal offenders. Drug courts are specialty judicial programs designed to: 1) improve public safety outcomes; 2) reduce criminal recidivism and substance abuse among offenders with substance use disorders; and 3) better utilize scarce criminal justice and treatment resources. Drug courts operate through partnerships between the criminal justice, behavioral health and public health systems. Offenders participate in an intensive regimen of substance abuse treatment and case management while under close judicial supervision. Drug courts' effectiveness in reducing criminal recidivism and drug use has been documented through numerous primary studies as well …