Legal Studies Commons^™

The 2006 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Iain Sutherland, Paula Thomas

Journal of Digital Forensics, Security and Law

All organisations, whether in the public or private sector, use computers for the storage and processing of information relating to their business or services, their employees and their customers. A large proportion of families and individuals in their homes now also use personal computers and, both intentionally and inadvertently, often store on those computers personal information. It is clear that most organisations and individuals continue to be unaware of the information that may be stored on the hard disks that the computers contain, and have not considered what may happen to the information after the disposal of the equipment.

In …

Computer Forensics Field Triage Process Model, Marcus K. Rogers, James Goldman, Rick Mislan, Timothy Wedge, Steve Debrota

Journal of Digital Forensics, Security and Law

With the proliferation of digital based evidence, the need for the timely identification, analysis and interpretation of digital evidence is becoming more crucial. In many investigations critical information is required while at the scene or within a short period of time - measured in hours as opposed to days. The traditional cyber forensics approach of seizing a system(s)/media, transporting it to the lab, making a forensic image(s), and then searching the entire system for potential evidence, is no longer appropriate in some circumstances. In cases such as child abductions, pedophiles, missing or exploited persons, time is of the essence. In …

Recovering Digital Evidence From Linux Systems, Philip Craiger

Publications

As Linux-kernel-based operating systems proliferate there will be an inevitable increase in Linux systems that law enforcement agents must process in criminal investigations. The skills and expertise required to recover evidence from Microsoft-Windows-based systems do not necessarily translate to Linux systems. This paper discusses digital forensic procedures for recovering evidence from Linux systems. In particular, it presents methods for identifying and recovering deleted files from disk and volatile memory, identifying notable and Trojan files, finding hidden files, and finding files with renamed extensions. All the procedures are accomplished using Linux command line utilities and require no special or commercial tools.

Detecting Patterns Of Fraudulent Behavior In Forensic Accounting, Boris Kovalerchuk, Evgenii Vityaev

All Faculty Scholarship for the College of the Sciences

Often evidence from a single case does not reveal any suspicious patterns to aid investigations in forensic accounting and other forensic fields. In contrast, correlation of sets of evidence from several cases with suitable background knowledge may reveal suspicious patterns. Link Discovery (LD) has recently emerged as a promising new area for such tasks. Currently LD mostly relies on deterministic graphical techniques. Other relevant techniques are Bayesian probabilistic and causal networks. These techniques need further development to handle rare events. This paper combines first-order logic (FOL) and probabilistic semantic inference (PSI) to address this challenge. Previous research has shown this …

Politics And Psychology: Assessment And The Law, Ibpp Editor

International Bulletin of Political Psychology

This article highlights one significant impediment to valid psychological assessment in support of the criminal justice system.

Competency To Stand Trial: An International Challenge, Ibpp Editor

International Bulletin of Political Psychology

This article describes some of the difficulties in developing an international standard for competency to stand trial.

After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert

Articles

This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …

The Honest Scientist's Guide To Dna Evidence, Richard O. Lempert

Book Chapters

Thank you for your invitation to participate in the DNA symposium. As you know DNA has never been a prime research focus of mine, and I have been so preoccupied with my own work on ITPT (intertemporal personal transportation) that I thought I must decline. Happily, however, the two projects came together, for I recently had an amazing breakthrough during which by coincidence I stumbled across a book entitled A Century of DNA Testing and holocopied (a fancy form of Xeroxing) the following few pages for you.

The Honest Scientist's Guide To Dna Evidence, Richard O. Lempert

Articles

The honest scientist recognizes that she herself is a test instrument, and a fallible one at that. Subjectivity inescapably enters into any human endeavor, and should not be denied. DNA testing is rife with subjective elements, no place more so than at the crucial stage of deciding whether a match exists. On the one hand, non-matching extraneous bands may sometimes be properly disregarded and patterns that do not quite meet objective matching criteria may be appropriately regarded as incriminatory matches. On the other hand, band patterns that do meet objective matching criteria may be treated as exonerative depending on how …

Destructive Hostility: The Jeffrey Dahmer Case: A Psychiatric And Forensic Study Of A Serial Killer, Jeffrey Jentzen, George Palermo, L. Thomas Johnson, Khang-Cheng Ho, K. Alan Stormo, John Teggatz

School of Dentistry Faculty Research and Publications

We were involved as forensic experts in the case of the serial killer Jeffrey Dahmer. We discuss the scene and victim autopsy findings, with a brief consideration of the basic emotion of hostility. These findings support the thesis that at the basis of this serial killer's behavior were primary unconscious feelings of hate that he had channeled into a sadistic programmed destruction of 17 young men. The interview of the serial killer, the photographic scene documentation, and the autopsy findings stress the ambivalent homosexuality of the killer, his sexual sadism, his obsessive fetishism, and his possible cannibalism and necrophilia.

Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert

Articles

Throughout her useful paper on DNA identification, Professor Roeder properly attends to both theory and practice. Thus she acknowledges the theoretical soundness of certain criticisms that have been made of the standard paradigm used to evaluate DNA random match probabilities but argues that in practice these criticisms matter little. I am thinking here of the arguments that those cautioning against overweighing DNA evidence have made regarding the undeniable existence of population substructure and its potential implications for independence assumptions supporting the application of the product rule and for the use of convenience samples, such as data garnered from no more …

Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert

Articles

The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …

The Suspect Population And Dna Identification, Richard O. Lempert

Articles

Forensic DNA analysis typically proceeds by first determining whether alleles (one of two or more alternative forms of a gene) found in DNA apparently left by the perpetrator of a crime at a crime scene (the "evidence sample") match alleles extracted from a sample of the suspected criminal's blood (the "suspect sample"). If alleles drawn from the two sources match, the next step is to provide information about the probative value of the match by estimating the probability that alleles extracted from the blood of some random individual would have matched the alleles in the evidence sample. Thinking in terms …

In Support Of Huber, Jon F. Merz

RISK: Health, Safety & Environment (1990-2002)

The author takes exception to two recent reviews of GALILEO'S REVENGE.

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …

Field Technique For The Identification Of Deer Blood, David W. Oates, Carol A. Jochum, Kenneth A. Pearson, Cathy A. Hoilien

Nebraska Game and Parks Commission: Staff Research Publications

A latex suspension sensitized with deer antiserum has been prepared, placed on plastic cards, dried, and packaged for field use. The product was tested against bloodstains from 22 species (including Homo sapiens). Strong agglutination reactions occurred only with bloodstains from deer and elk.

Characteristics And Practices Of Forensics Programs In Oregon Secondary Schools, Gregg T. Sylvester

Dissertations and Theses

Since 1943, six studies have been made of speech education in Oregon public schools. Several make reference to forensics, but none discuss this aspect of speech education in depth. As a result, the role of forensics in the schools has been assumed or denied. With the educational situation as it is, however, it is necessary that we have a greater understanding of the relationship between forensics and general speech education and language arts education.