Legal Studies Commons^™

Policing Postsecondary Education: University Police Legitimacy And Fear Of Crime On Campus, Christina N. Barker

Electronic Theses and Dissertations

Assessing the perceptions that students have of the university police officers charged with ensuring student safety is important to maintaining the overall safety of the campus. The current study sought to assess the relationship between student perceptions of university police and the fear of crime felt by students while on campus. Data collection was conducted through a survey methodology using a convenient sample of students in which a self-report survey was sent to the university email addresses of all students enrolled in a southeastern university (n=260). Through the employment of a scale developed to assess the perceptions of university police …

The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert

Publications and Research

This article analyzes data accumulated during the first three quarters of 2016 regarding completed and pending questions of representation involving faculty and student employees in higher education. It is part of a larger and continuing National Center research project that tracks faculty and graduate student employee unionization growth and representation efforts at private and public institutions of higher learning since January 1, 2013. The data presented in this article demonstrates that the rate of newly certified units at private colleges and universities since January 1, 2016 far outpaces new units in the public sector. There has been a 25.9% increase …

Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm

Genocide Studies and Prevention: An International Journal

This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …

Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, Victor B. Flatt

BYU Law Review

One of the fundamental goals of law is to end disputes. This push to “settlement” is foundational and has historically worked to increase societal efficiency and justice by engendering legitimate expectations among the citizenry. However, the efficient nature of much legal finality, settlement and repose only exists against a background of evolution of the physical environment that is predictable and slowpaced. That background no longer exists. The alteration of the physical world, and thus, the background for our societal structure and decisions, is accelerating rapidly due to human-caused climate change. This creates a mismatch between the law’s tendency to finality …

The School-To-Prison Pipeline: How Roles Of School-Based Law Enforcement Officers May Impact Disciplinary Actions, Kathy Martinez-Prather, Joseph M. Mckenna, Scott W. Bowman

Qualitative Criminology (QC)

"The presence of law enforcement officers in schools has generated an overwhelming amount of concern among educators, parents, researchers, and policy-makers. It is believed their mere presence in schools is associated with the school-to-prison pipeline (STPP), which suggests that the use of police criminalizes minor student behavior and pushes them into the juvenile and criminal justice systems. However, it remains unclear as to what impact law enforcement officers truly have on this phenomenon. The purpose of this study is to examine the impact of law enforcement officers on the STPP in relation to the roles they are assigned. We argue …

The Emergence Of Contemporary Bestiality Law: Applying The Integrative Conflict Model To The Enumclaw Case, Jason S. Ulsperger, Kristen L. Ulsperger, Cole Smith

Qualitative Criminology (QC)

"This article examines the social construction of bestiality law in the United States using the Integrative Conflict Model of law formation. With qualitative findings from a media content study including newspaper articles, a documentary transcript, and a variety of online data sources, it explores the dynamics behind the formation of bestiality law in the state of Washington. The research specifically uses the circumstances surrounding the death of Kenneth Pinyan, and the subsequent Enumclaw horse sex scandal that took place in the summer of 2005, to support the idea that bestiality law can emerge due to specific factors: structural foundations, perceptions …

Lois Presser And Sveinung Sandberg (Eds), Narrative Criminology: Understanding Stories Of Crime, Adam Veitch

Qualitative Criminology (QC)

"Over the last two decades there has been an epistemological push in the social sciences to bring narrative into the methodological fold. Narrative social science is steeped in theories of humans as story tellers. The foreword to Narrative Criminology argues that this theoretical line of thought originates in Jean-Paul Sartre’s belief that people are fundamentally storytelling creatures, or “homo narrativus.” The guiding thought here is that stories are central to understanding how and why we act in society. We are all storytellers, and we enjoy sharing tales with an audience. Furthermore, the way that we construct stories of our social …

Fugitive Safe Surrender: A Qualitative Analysis Of Participants’ Reasons For Surrender And Anticipated Outcomes To Inform Program Evaluation, Joseph D. Galanek, Janelle Duda, Daniel J. Flannery, Jeff Kretschmar, Frederick Butcher

Qualitative Criminology (QC)

"The Fugitive Safe Surrender (FSS) program is a means for individuals with outstanding warrants to turn themselves in at a non-law-enforcement setting. Challenges remain in evaluating FSS program outcomes. Based on n = 211 participants’ demographic data and qualitative, open-ended written responses collected during an FSS event in a mid-sized Midwestern city, we analyze participants’ reasons for surrendering and anticipated outcomes of surrendering. Utilizing inductive thematic analysis of participants’ responses, we identify individual-level program outcomes that can be used for evaluating FSS. We additionally identify the intersection of codes amongst participant responses to demonstrate the inter-connectedness of FSS participants’ reasons …

Framing Legitimacy: A Qualitative Analysis Examining Local Print-Media Portrayals Of An Immigrant Family Detention Center In Texas, Layne Dittmann, Jurg Gerber

Qualitative Criminology (QC)

"Research suggests that media portrayals can impact the opinions of adults (Dizard, 2000). However, media reports on aspects of our criminal justice system, such as corrections, are an understudied topic (Marsh, 1989), especially regarding the use of private prisons. The current study examines a sample of 12 local Texas newspapers that reported on the T. Don Hutto Facility in Taylor, Texas, between January 1, 2000, and December 31, 2013. This facility was once a state prison for males and local jail inmates before being converted into an undocumented immigrant family detention facility and later into a detention center for undocumented …

“Explaining Similarities And Variations In Program Structures And Professional Roles In Midwestern Mental Health Courts” By Monte D. Staton And Arthur J. Lurigio, Monte D. Staton, Arthur J. Lurigio

Qualitative Criminology (QC)

"For nearly twenty years, legal and mental health professionals have created mental health courts (MHCs) for responding to the increasing numbers of criminally involved people with severe mental illnesses (PSMI) who are entering the criminal justice system. This article presents findings from qualitative analysis of survey and ethnographic data collected at nine MHCs established in a Midwestern state between 2004 and 2008, exploring how professionals who operated the MHCs organized the programs and conducted roles at the work sites. Findings revealed that professionals established very similar models of mental health court organization at each of the nine sites. The data …

Andrea S. Boyles, Race, Place, And Suburban Policing: Too Close For Comfort, Brian P. Schaefer

Qualitative Criminology (QC)

"The struggles of African Americans with police in urban environments are well documented in criminological and sociological research. Andrea Boyles in Race, Place, and Suburban Policing offers new perspectives by introducing readers to the relationship between African Americans and the police in Meacham Park, a suburban enclave of affluent Kirkwood, Missouri. The focus on suburbia depicts how race and place shapes interactions and sheds doubt that African Americans can escape the harms associated with living in low-income urban environments by relocating to the suburbs. Boyles spent two years conducting fieldwork and interviewed over thirty adults at length. Her findings provide …

Susan J. Terrio, Whose Child Am I? Unaccompanied, Undocumented Children In U.S. Immigration Custody, Francisco J. Alatorre

Qualitative Criminology (QC)

"Whose Child Am I? is by Susan Terrio, Professor of Anthropology at Georgetown and author of two other books about issues of juvenile delinquency. Focusing on the wretched and dangerous experiences of Latino youth desperately traveling to and reaching El Norte, and then experiencing detention and incarceration, Terrio interrogates the American dream and American ideals of inclusion, as both are seriously abused in this international transborder tragedy. Terrio conducts her inquiry into how undocumented children are sent north, how they survive, and what happens to them by relating the process chronologically. She describes the children finding their way “home” …

Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders

Brigham Young University Journal of Public Law

No abstract provided.

How Mature Capitalism Turns Pollution Into Diamonds: Malagnogenesis And The Reverse-Engineering Of Harm Into Risk, Kevin P. Martyn

USF Tampa Graduate Theses and Dissertations

In recent years, there has been a great deal of debate about the pervasiveness and persistence of neoliberal thinking. In the context of the post-2008 ‘great recession’ the resilience of neoliberalism is particularly confounding. To begin to unravel the ways in which neoliberalism is situated relative to risk, this study identifies an increasingly important neoliberal knowledge practice: malagnogenesis. Malagnogenesis is proposed herein as the production of ignorance that normalizes harm for and amongst marginalized populations. To shed light on the phenomena of malagnogenesis, this study investigated the history of leaded gasoline in the U.S. To that end, I …

Designing Laboratories For Small Scale Digital Device Forensics, Richard P. Mislan, Tim Wedge

Annual ADFSL Conference on Digital Forensics, Security and Law

The ubiquity of small scale digital devices (SSDD), the public’s ever increasing societal dependence on SSDD, and the continual presence of SSDD at all types of crime scenes, including non-technical and violent crimes, demand a formalized curriculum for the education and training of future cyber forensic examiners. This paper presents the various SSDD forensics labs currently in use and under development for future use at the Purdue University Cyber Forensics Laboratory. The primary objective of each module is to provide specific real-world cases for the learning, comprehension, and understanding of hands-on investigative techniques and methodologies. The purpose of this paper …

Network Forensic Investigation Of Internal Misuse/Crime In Saudi Arabia: A Hacking Case, Abdulrazaq Al-Murjan, Konstantinos Xynos

Annual ADFSL Conference on Digital Forensics, Security and Law

There are ad-hoc guidelines and a limited policy on computer incident response that does not include computer forensic preparation procedures (e.g. logging incidents). In addition, these guidelines do not consider the requirement of Islamic law for admissible evidence at an organisational level in Saudi Arabia. Network forensic investigation might breach the Saudi law if they follow ad-hoc or international digital forensic standards such as Association of Chief Police Officers (ACPO) guidelines. This might put the organisation in a costly situation when a malicious employee sues an Islamic court. This is because the law of Saudi Arabia is complying with Islamic …

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

Annual ADFSL Conference on 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 …

Development Of A National Repository Of Digital Forensic Intelligence, Mark Weiser, David P. Biros, Greg Mosier

Annual ADFSL Conference on Digital Forensics, Security and Law

Many people do all of their banking online, we and our children communicate with peers through computer systems, and there are many jobs that require near continuous interaction with computer systems. Criminals, however, are also “connected”, and our online interaction provides them a conduit into our information like never before. Our credit card numbers and other fiscal information are at risk, our children's personal information is exposed to the world, and our professional reputations are on the line.

The discipline of Digital Forensics in law enforcement agencies around the nation and world has grown to match the increased risk and …

Designing A Data Warehouse For Cyber Crimes, Il-Yeol Song, John D. Maguire, Ki Jung Lee, Namyoun Choi, Xiaohua Hu, Peter Chen

Annual ADFSL Conference on Digital Forensics, Security and Law

One of the greatest challenges facing modern society is the rising tide of cyber crimes. These crimes, since they rarely fit the model of conventional crimes, are difficult to investigate, hard to analyze, and difficult to prosecute. Collecting data in a unified framework is a mandatory step that will assist the investigator in sorting through the mountains of data. In this paper, we explore designing a dimensional model for a data warehouse that can be used in analyzing cyber crime data. We also present some interesting queries and the types of cyber crime analyses that can be performed based on …

Redefining The Role Of The Police: Perspectives And Expectations, Richard Zitzke, Jonathan Mccombs

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

The American Policing infrastructure and much of the criminal justice system is under fire for what is perceived as racial and biased policing and Draconian enforcement tactics. The book explores the evolution of the history of policing and how the public perception of the police has changed over the decades. The exploration of a changing expectation where the police receive mixed messages from policy makers and the legal community is exacerbated by the human bias throughout the system. Police training and hiring practices have been focused on in order to achieve the greatest impact, but much work must be done …

All Perspectives Matter: A Co-Orientational Analysis Of Problem-Based Law Enforcement And Community Relationships, Jonathan Mccombs, James A. White, Joanna Williamson

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

The relationships between law enforcement officers and the communities they serve has been the focus of accelerating national scrutiny in light of numerous contentious and widely publicized incidents involving alleged protected police misconduct, or alternatively, citizen and government overreach.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 49, Number 2, Fall 2016

Nebraska Transcript

3 Dean’s Message

4 Faculty Notes: Jack M. Beard, Kristen M. Blankley, Eve M. Brank, Richard F. Duncan, Eric Berger, Justin (Gus) Hurwitz, Richard A. Leiter, Brian D. Lepard, Colleen E. Medill, Richard E. Moberly, Sandra B. Placzek, Stefanie S. Pearlman, Harvey S. Perlman, Matthew P. Schaefer, Anthony B. Schutz, Brett C. Stohs, Ryan P. Sullivan, Jessica A. Shoemaker, Adam Thimmesch, Frans G. von der Dunk

9 Professor Kristen Blankley receives tenure

10 Blankley - A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act

12 ‘Smile that it happened:’ The Larry Berger era— By Professor Steve Willborn …

Special Issue On Cyberharassment Investigation: Advances And Trends, Joanne Bryce, Virginia N. L. Franqueira, Andrew Marrington

Journal of Digital Forensics, Security and Law

Empirical and anecdotal evidence indicates that cyberharassment is more prevalent as the use of social media becomes increasingly widespread, making geography and physical proximity irrelevant. Cyberharassment can take different forms (e.g., cyberbullying, cyberstalking, cybertrolling), and be motivated by the objectives of inflicting distress, exercising control, impersonation, and defamation. Little is currently known about the modus operandi of offenders and their psychological characteristics. Investigation of these behaviours is particularly challenging because it involves digital evidence distributed across the devices of both alleged offenders and victims, as well as online service providers, sometimes over an extended period of time. This special issue …

The Impact Of Low Self-Control On Online Harassment: Interaction With Opportunity., Hyunin Baek, Michael M. Losavio, George E. Higgins

Journal of Digital Forensics, Security and Law

Developing Internet technology has increased the rates of youth online harassment. This study examines online harassment from adolescents with low self-control and the moderating effect of opportunity. The data used in this study were collected by the Korea Institute of Criminology in 2009. The total sample size was 1,091. The results indicated that low self-control, opportunity, and gender have a significant influence on online harassment. However, these results differed according to gender; for males, low self-control significantly impacted online harassment; for females, however, only low self-control significantly impacted online harassment. Furthermore, the interaction between low self-control and opportunity did not …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A Legal Examination Of Revenge Pornography And Cyber-Harassment, Thomas Lonardo, Tricia Martland, Doug White

Journal of Digital Forensics, Security and Law

This paper examines the current state of the statutes in the United States as they relate to cyber-harassment in the context of "revenge porn". Revenge porn refers to websites which cater to those wishing to exploit, harass, or otherwise antagonize their ex partners using pornographic images and videos which were obtained during their relationships. The paper provide examples and illustrations as well as a summary of current statute in the United States. The paper additionally explores some of the various legal remedies available to victims of revenge pornography.

Differentiating Cyberbullies And Internet Trolls By Personality Characteristics And Self-Esteem, Lauren A. Zezulka, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Cyberbullying and internet trolling are both forms of online aggression or cyberharassment; however, research has yet to assess the prevalence of these behaviors in relationship to one another. In addition, the current study was the first to investigate whether individual differences and self-esteem discerned between self-reported cyberbullies and/or internet trolls (i.e., Never engaged in either, Cyberbully-only, Troll-only, Both Cyberbully and Troll). Of 308 respondents solicited from Mechanical Turk, 70 engaged in cyberbullying behaviors, 20 engaged in only trolling behaviors, 129 self-reported both behaviors, and 89 self-reported neither behavior. Results yielded low self-esteem, low conscientiousness, and low internal moral values for …

Toward Online Linguistic Surveillance Of Threatening Messages, Brian H. Spitzberg, Jean Mark Gawron

Journal of Digital Forensics, Security and Law

Threats are communicative acts, but it is not always obvious what they communicate or when they communicate imminent credible and serious risk. This paper proposes a research- and theory-based set of over 20 potential linguistic risk indicators that may discriminate credible from non-credible threats within online threat message corpora. Two prongs are proposed: (1) Using expert and layperson ratings to validate subjective scales in relation to annotated known risk messages, and (2) Using the resulting annotated corpora for automated machine learning with computational linguistic analyses to classify non-threats, false threats, and credible threats. Rating scales are proposed, existing threat corpora …

A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson

Buffalo Public Interest Law Journal

No abstract provided.

Down But Not Out! How Law School Clinics Can Help Bridge The Small Claims Court Access To Justice Gap, Rebecca Nieman

Buffalo Public Interest Law Journal

No abstract provided.