Legal Studies Commons^™

Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole

Journal of Health Disparities Research and Practice

Health disparities among people of color are persistent and detrimental to the overall wellness of these groups. Discrimination in the provision of health care services is one of the primary causes of health disparities. Title VI of the Civil Rights Act of 1964’s availability as a tool to prevent discrimination and, in turn, disparities among these groups is underdocumented. The legislative intent of Title VI and the historical context of the law have been helpful in its use outside of the health care arena to prevent discrimination. This sheds light on the ways that the law can influence the health …

Rehabilitation And Reintegration Of Genocide Ex-Prisoners: Understanding The Correctional Role Of Prisons In Rwanda, Lulu Abdun

Independent Study Project (ISP) Collection

After the Genocide Against the Tutsi in 1994, over 120,000 people were imprisoned in Rwanda for the perpetration of genocide. Twenty-three years after the Genocide, numerous genocide ex-prisoners have been released. Throughout their prison time and after their release, rehabilitation and reintegration programming has been available. This paper looks at the rehabilitation and reintegration programming available to genocide ex-prisoners, the success and challenges they currently face or have previously faced, and recommendations for reforms for the future prison/rehabilitation/reintegration process. This paper also examines the correctional role of prisons in Rwanda and how that contributes to successful reintegration. From interviewing genocide …

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Beyond The War: The Evolving Nature Of The U.S. Approach To Drugs, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

Over the last forty years, perhaps no issue has affected the United States’s criminal justice system as profoundly as has drug policy. Since President Nixon declared drug abuse “America’s public enemy number one,”1 concerns about the manufacture, distribution, and possession of drugs have remained at the fore of criminal justice policy discussions.2 President Reagan’s subsequent pronouncement of drugs as “an especially vicious virus of crime” set a course for national drug policy that emphasized enforcement and punishment over treatment to “win the war on drugs.”3 Throughout the 1980s, increasing public concern about the effects of drug abuse4 further pressured policymakers …

“They Teach You How To Weather The Storm, But They Don’T Teach You How To Dance In The Rain:” Veterans’ Perspectives On The Pathways To Criminal Justice Involvement, Kelli E. Canada, Clark Peters

Qualitative Criminology (QC)

"Some veterans face elevated risk of mental illness, alcohol, and drug use, and difficulty adjusting post-deployment, which can increase the risk of homelessness and contact with the criminal justice system (Elbogen et al., 2012). This study adds to the limited and mixed findings regarding factors associated with criminal offending among veterans. It explores, from veterans’ perspectives, what contributes to their criminal justice involvement. In-depth interviews with 28 U.S. Veterans on probation or parole explored their military service, mental health, and the events surrounding arrests. Findings indicate that substance use was a significant contributor to arrests. Alcohol and drugs were used …

Conjectures, Refutations, And (Elusive) Resolution: An Exercise In The Sociology Of Knowledge Within Criminology, Brendan Dooley

Qualitative Criminology (QC)

"An analysis of in-depth discussions (oral histories) with 17 leading criminologists on the seminal debates in which they each participated showcases the benefits of intellectual debate. Over the last half-century, the field’s understanding of crime and its control has experienced genuine gains through a vigorous exchange of conjectures and refutations. It stands to benefit from more of these. However, there is a tension between professional and scientific concerns that limits the expansion of this process. The insistence on open ended inquiry in advancing professional ends dulls the interest and opportunity for debating first principles. As a result, the field is …

Kitty Calavita And Valerie Jenness, Appealing To Justice: Prisoner Grievances, Rights, And Carceral Logic, Talisa J. Carter

Qualitative Criminology (QC)

"In Appealing to Justice, by Kitty Calavita and Valerie Jenness explain the grievance system of the California Department of Corrections and Rehabilitation (CDCR) in detail. Grievance systems are the formal internal process by which inmates contest prison conditions. Federal law requires that prisoners fully exhaust the grievance system before their claims can be heard in court. Although there may be an assumption that justice exists in systems that are charged with upholding standards of safe and humane conditions within confinement facilities, the authors find the grievance process to be riddled with inefficiencies and inequalities."

Waverly Duck, No Way Out: Precarious Living In The Shadow Of Poverty And Drug Dealing, Jascha Wagner

Qualitative Criminology (QC)

"No Way Out: Precarious Living in the Shadow of Poverty and Drug Dealing examines how the residents of “Lyford Street,” an impoverished Black neighborhood, organize for survival against the backdrop of “increasingly desperate circumstances.” Decades of deindustrialization and misguided social policies have left the neighborhood economically and socially isolated. Unemployment and poverty are rampant for young men of Lyford Street. Stripped of educational or economic opportunities, the drug trade has become their “principal employment.” However, against the “stereotypical image of the drug infested ghetto,” Waverly Duck compels us to see Lyford Street as a place with a unique social …

Aldo Civico, The Para-State: An Ethnography Of Colombia’S Death Squads, Elena Sciandra

Qualitative Criminology (QC)

"On August, 24, 2016, the Colombian conflict returned to the spotlight. On this day the peace agreement between the Colombian government and the last active guerrilla group, the FARC (Fuerzas Armadas Revolucionaria de Colombia), had been signed after decades of discontinuous peace talks. Such discontinuity, along with other peculiarities, have long piqued the interest of scholars in this conflict; not only is it one of the longest civil wars in recent history – its origin dating back to the end of the 1950s – it has also shaped the political, economic, and cultural life of the country. Started as sectarian …

Self-Motivation In Policing, Scott W. Phillips

Qualitative Criminology (QC)

"Research shows that the work shift of a patrol officer includes a large amount of “down time.” Occupational scholarship has validated that workers can reduce boredom by engaging in activities that are ancillary to normal duties. The autonomous work environment of police officers provides them a unique opportunity to minimize boredom by working in a way that makes their expected behavior interesting. To date the police motivation scholarship tends to examine “job satisfaction,” but the notion of boredom is missing from the research. This study used an observational research design to provide a qualitative examination of the techniques used by …

Michel Foucault, Discipline & Punish: The Birth Of The Prison, Trans. Alan Sheridan, Brian Sellers

Qualitative Criminology (QC)

"For hundreds of years, criminologists and penologists alike have investigated the various functions and designs, as well as the policies and practices that regulate the effectiveness of prisons as correctional institutions. The ideological aims underpinning penal practice can be either myopically focused or quite diverse as they reflect the varying goals of retribution, deterrence, incapacitation, and rehabilitation. However, as corrections continue to undergo numerous reforms, scholars and policymakers might do well to revisit, critically reflect upon, and reexamine the socio-historical origins of the prison and its close relationship to power structures operating in the wider society. French philosopher, Michel Foucault’s …

Playing Nice In The Sandbox: An Examination Into The Working Relationships Between Retail Store Detectives And Public Law Enforcement Officers, Ronald Floridia

Qualitative Criminology (QC)

"This study explores the working relationship between store detectives and public law enforcement officers. Thirty semi-structured interviews were conducted with store detectives from two national retail chains. The results of this study indicate that store detectives have a positive working relationship with police and engage in active cooperation with them. In addition, the presence of community development units and organized retail crime task forces enhance active cooperation between the two parties. Findings from this study can be used by both academics and practitioners to promote strong relationships between law enforcement and the retail security industry."

Some Things Are Just Better Left As Secrets: Non-Transparency And Prosecutorial Decision Making In The Era Of Neoliberal Punitivism, Shanda Angioli, Paul Kaplan

Qualitative Criminology (QC)

"This paper focuses on prosecutorial decision-making during the late-20th and early 21st century era of punitive American criminal justice. Qualitative semi-structured in-depth interviews were conducted with 10 former prosecutors who worked in two large and diverse states to determine how they made their decisions regarding charging and plea bargaining. This study investigates how prosecutors consider legal and extra-legal factors when making decisions. The results suggest that prosecutors considered legal factors such as evidence/provability and elements of the crime, the defendant’s criminal history, and witness credibility and/or victim credibility, but also extra-legal factors such as, victim’s request, law enforcement priorities, relations …

Exploring Digital Evidence With Graph Theory, Imani Palmer, Boris Gelfand, Roy Campbell

Annual ADFSL Conference on Digital Forensics, Security and Law

The analysis phase of the digital forensic process is the most complex. The analysis phase remains very subjective to the views of the forensic practitioner. There are many tools dedicated to assisting the investigator during the analysis process. However, they do not address the challenges. Digital forensics is in need of a consistent approach to procure the most judicious conclusions from the digital evidence. The objective of this paper is to discuss the ability of graph theory, a study of related mathematical structures, to aid in the analysis phase of the digital forensic process. We develop a graph-based representation of …

Case Study: A New Method For Investigating Crimes Against Children, Hallstein Asheim Hansen, Stig Andersen, Stefan Axelsson, Svein Hopland

Annual ADFSL Conference on Digital Forensics, Security and Law

Investigations of crimes against children are often complex, both in terms of the varied and large amount of digital technology encountered and the offensive nature of the crimes. Such cases are numerous, large, and prioritised, requiring digital forensics competence. Earlier digital forensics was considered and treated as a typical forensic science like fingerprint analysis, performed in a laboratory isolated from the investigative team. This decoupled way of working has proved to be both inefficient and error prone.

At the Digital Forensic Unit of Oslo Police District we have developed a new way of working that addresses many of the problems …

Downstream Competence Challenges And Legal/Ethical Risks In Digital Forensics, Michael M. Losavio, Antonio Losavio

Annual ADFSL Conference on Digital Forensics, Security and Law

Forensic practice is an inherently human-mediated system, from processing and collection of evidence to presentation and judgment. This requires attention to human factors and risks which can lead to incorrect judgments and unjust punishments.

For digital forensics, such challenges are magnified by the relative newness of the discipline and the use of electronic evidence in forensic proceedings. Traditional legal protections, rules of procedure and ethics rules mitigate these challenges. Application of those traditions better ensures forensic findings are reliable. This has significant consequences where findings may impact a person's liberty or property, a person's life or even the political direction …

Understanding Deleted File Decay On Removable Media Using Differential Analysis, James H. Jones Jr, Anurag Srivastava, Josh Mosier, Connor Anderson, Seth Buenafe

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital content created by picture recording devices is often stored internally on the source device, on either embedded or removable media. Such storage media is typically limited in capacity and meant primarily for interim storage of the most recent image files, and these devices are frequently configured to delete older files as necessary to make room for new files. When investigations involve such devices and media, it is sometimes these older deleted files that would be of interest. It is an established fact that deleted file content may persist in part or in its entirety after deletion, and identifying the …

Development Of A Professional Code Of Ethics In Digital Forensics, Kathryn C. Seigfried-Spellar, Marcus Rogers, Danielle M. Crimmins 2184089

Annual ADFSL Conference on Digital Forensics, Security and Law

Academics, government officials, and practitioners suggest the field of digital forensics is in need of a professional code of ethics. In response to this need, the authors developed and proposed a professional code of ethics in digital forensics. The current paper will discuss the process of developing the professional code of ethics, which included four sets of revisions based on feedback and suggestions provided by members of the digital forensic community. The final version of the Professional Code of Ethics in Digital Forensics includes eight statements, and we hope this is a step toward unifying the field of digital forensics …

Harnessing Predictive Models For Assisting Network Forensic Investigations Of Dns Tunnels, Irvin Homem, Panagiotis Papapetrou

Annual ADFSL Conference on Digital Forensics, Security and Law

In recent times, DNS tunneling techniques have been used for malicious purposes, however network security mechanisms struggle to detect them. Network forensic analysis has been proven effective, but is slow and effort intensive as Network Forensics Analysis Tools struggle to deal with undocumented or new network tunneling techniques. In this paper, we present a machine learning approach, based on feature subsets of network traffic evidence, to aid forensic analysis through automating the inference of protocols carried within DNS tunneling techniques. We explore four network protocols, namely, HTTP, HTTPS, FTP, and POP3. Three features are extracted from the DNS tunneled traffic: …

Solitary Confinement: Social Death And Its Afterlives, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

Minimum Education Requirements For Crime Scene Investigators, Araseli Saldivar

Themis: Research Journal of Justice Studies and Forensic Science

The initial crime scene investigation is critical since it is the primary step in the investigative process; therefore, individuals assigned to process a scene should be highly educated. Improperly educated (or uneducated) crime scene investigators (CSIs) can mishandle evidence during an investigation, affecting the outcome of cases. The minimum education requirement for CSIs should transition from a high school diploma—the current requirement—toward a bachelor’s degree. The importance of acquiring a college-level education is observed in a study conducted on crime scene examiners in Australia. To determine the educational requirement for CSIs in the United States, information was gathered electronically from …

Optimizing Collection Of Trace Biological Samples From Vehicle Headrests, Kevin Tang, Jesse Ramirez, John Bond, Jocelyn Weart, Yvette Delatorre, Ian Fitch, Steven Lee

Themis: Research Journal of Justice Studies and Forensic Science

Tape-lifting and swabbing are two methods commonly used for collecting biological samples in the United Kingdom and United States to investigate vehicle crimes. Determining the optimal collection method may lead to an increase in generating DNA profiles and crime-solving. The objective of this study is to evaluate the efficiency of adhesive tape and the double-swab collection methods for investigating vehicle crimes with possible touch DNA samples. Two experiments were conducted to evaluate the use of tape-lifts and swabs on spiked common vehicle fabric materials. The efficiency of recovery between the two collection methods was performed using qPCR. The results from …

Physical Match: Unique Fracture Patterns In Wooden Popsicle Sticks, Yiu Ming Sunny Lau

Themis: Research Journal of Justice Studies and Forensic Science

Physical match (or physical fit) evidence was considered reliable in court for years, until the Daubert case, which required standardized scientific methodology on all forensic evidence. Physical matching faces the same criticism as other forms of physical evidence (specifically, that it lacks a scientific foundation). Physical matching is based on the idea that when an object is fractured, the shape of each fragment is unique and it is not possible to recreate a fragment that is identical to any other. In this study, fifty wooden popsicle sticks were broken in half, the pieces were mixed, and then reconstructed using physical …

Forensics’ Fight: A Need For Aggressive Strategies Against Confirmation Bias, Madison Mcgowan

Themis: Research Journal of Justice Studies and Forensic Science

In 2009, the National Academy of Sciences produced a lengthy report illuminating significant weaknesses present within the forensic community. One complex fault found in forensics was conformation bias. Since it is within human nature to make decisions based on contextual information, assumptions, and pre-held opinions, confirmation bias is an issue that will continue to persist. Therefore, stronger efforts must be made to recognize and abate the problem of bias within the field of forensics in order to preserve the notion that forensic science exists to serve principles of both truth and justice. Accordingly, this paper argues for the fight against …

The Limits Of Prosecutorial Power, Jeffrey Bellin

Popular Media

No abstract provided.

Moral Time And Homicide Investigations., David Stuart Lapsey Jr.

Electronic Theses and Dissertations

Previous literature explores the many dimensions of homicide investigations, including case and individual characteristics, evidence and investigative activities. However, little research delves into situational characteristics and their relationship to specific homicides, charge severity sought by prosecutors and sentence length given to homicide offenders. The current study sampled homicide cases (N=68) to gather baseline information and data regarding judicial outcomes. Donald Black’s Theory of Moral Time (2011) is tested and utilized as the study’s conceptual framework for the study’s hypotheses.

Jurisdiction, Privacy, And Ownership: Dna Technology And Field Dynamics In Conflict-Related Mass Fatalities, Stefan Schmitt, Dallas Mazoori

Genocide Studies and Prevention: An International Journal

This article explores the dynamics and challenges of undertaking human identifications in states experiencing armed conflict or emerging therefrom. It emphasises the integral role of the State in human identifications and the need for the legal acts of the State in identifying an individual and confirming their death to be integrated into any humanitarian response to repatriating the dead. Conflict-related mass fatalities occur in uncontrolled circumstances, making DNA-based human identifications necessary. In states lacking the necessary forensic infrastructure, the promise of expedited human identifications through outsourcing DNA work can lead to the State abdicating the necessary jurisdiction and scientific transparency …