Legal Studies Commons^™

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of volume two of the Journal of Qualitative Criminal Justice & Criminology. Rather than closing with acknowledgments, I would like to start this editorial introduction with them. First and foremost, I would like to thank both the editorial board members and the reviewers for this volume of the journal. Their names are listed at the beginning of this issue for without them, this journal would not be possible. Still further, if it was not for the hard work and dedication of my book review editor, Kevin Steinmetz, who recently accepted an academic appointment at …

Bradley Garrett: Explore Everything: Place-Hacking The City, Kevin F. Steinmetz

Qualitative Criminology (QC)

"While most people seem content to enjoy the front-stages of everyday life– going to safe spaces deemed appropriate for occupation–there are those who are enthralled by the backstage spaces of contemporary urban landscapes. In Explore Everything: Place-Hacking the City, Bradley Garrett details his research into urban explorers, a subculture that delves into the hidden (or hidden in plain sight) city spaces such as abandoned urban ruins, underground tunnels, and imposing skyscrapers. To date, this work is most likely the definitive study of urban exploration (sometimes referred to as UE) and should be the starting point for anyone from student …

Contreras, Randol, The Stickup Kids: Race, Drugs, Violence, And The American Dream, Robert J. Durán

Qualitative Criminology (QC)

"Most academics do not live in segregated black or Latino communities that contain higher rates of violence and incarceration. Historically, ethnographers have attempted to bridge this gap, but only a small number of these researchers match the populations they are studying in terms of age, class, ethnicity, and gender. An even rarer ethnographer comes from these same neighborhoods and shares lifelong friendships with the participants. Randol Contreras’s Stickup Kids provides an in-your-face portrayal of a drug dealing crew turned drug robbers in the South Bronx of New York City during the late 1980s and early 1990s. Due to structural changes …

Holloway, Pippa, Living In Infamy: Felony Disfranchisement And The History Of American Citizenship, Gregory J. Fremin

Qualitative Criminology (QC)

"In a historical account of the origins of felony disfranchisement in America, Pippa Holloway details how race and regional politics formed the basis for the exclusion of African Americans on the right to vote. Holloway’s Living in Infamy attempts to connect the dots from the past to the present by educating the reader on how America came to utilize felony convictions as a societal class preservation tool to exclude African Americans from voting. Holloway delves deeply into ancient Roman and Greek law and continues through Anglo-European law and ideology to set the stage for how our forefathers in early America …

Nigel South & Avi Brisman (Eds.), Routledge Handbook Of Green Criminology, Gary R. Potter

Qualitative Criminology (QC)

"The first articulation of a ‘green’ criminology – that is, a criminology concerned with man-made environmental harm – is usually attributed to Michael Lynch (1990) in his essay The Greening of Criminology: a perspective on the 1990s. Although not the first criminological work on environmental harm, Lynch was one of the first to argue that environmental problems in themselves, and the social harms that so often stem from them, can be seen to be legitimate criminological concerns – and that criminologists, therefore, may be well positioned to contribute to analysis and discussion of the environmental degradation that has become …

Exploring The Roles Of Redemption, Agency, And Motivation In Two Groups Of High-Risk Felony Probationers, Steve Boehm

Qualitative Criminology (QC)

"Problem-solving courts were developed in the 1980s and 1990s to reduce recidivism and probation revocations. The first problem- solving courts focused primarily on treating drug abuse, but the missions have expanded to include issues such as domestic violence and the problems faced by returning war veterans. Research has found these courts to be generally effective, but there is wide variation in their outcomes, and there are questions about the perceptions of problem-solving court participants compared to other probationers. This study presents qualitative analysis of interview data for a group of problem-solving court probationers (n = 19) and a similar group …

Bill Chambliss, On The Take: From Petty Crooks To Presidents, Gary W. Potter

Qualitative Criminology (QC)

"On the Take: From Petty Crooks to Presidents (first published in 1978) was the product of seven years (1962-1969) of observational research in Seattle, Washington (Chambliss, 1988). Chambliss used his background in law and sociology to interpret the things he saw and the stories he heard on Seattle’s skid row. He gained entrée into Seattle’s underworld by posing as an itinerant truck driver. Outfitted in old, worn shirts, khaki slacks and with bearded stubble on his face, he interacted with the bottom echelon of Seattle’s crime entrepreneurs–bar owners, illegal card room and bingo operators, street-level drug dealers and prostitutes. …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 47, Number 2, Fall 2014

Nebraska Transcript

Contents

2 Dean’s Message

Faculty Updates
3 Law Psych Program Celebrates 40 Years
4 Profile: Brian Striman
6 Faculty Notes
14 Telecommunications Conference
16 Sandy Zellmer Writes Mississippi River Tragedies
18 Alan Frank Retires After 42 Years
21 College to Host International Client Counseling Competition

Feature: 22 Client Counseling Team National Champions

Around the College
27 New Space Law Course
28 Professor Richard Epstein Delivers Pound Lecture
30 Student Accolades
32 ADC Clinic Travels the State
33 2014 Spring Commencement

Our Alumni
38 Library Archives Alumni Papers
39 Alumni Council Awards 40 Alums Assisted Civil Rights Act
41 Firms Help …

Is Burglary A Violent Crime? An Empirical Investigation Of Classifying Burglary As A Violent Felony And Its Statutory Implications, Phillip Kopp

Dissertations, Theses, and Capstone Projects

Under the common law, burglary is defined as a crime committed against the property of another, and is listed as a property offense for purposes of statistical description by the Uniform Crime Reports (UCR) and the National Crime Victimization Survey (NCVS). However, burglary is prosecuted and sentenced as a violent crime under habitual offender laws at the federal level, and can be regarded as violent in state law, depending on varied circumstances. Using a mixed methods approach, the current study compared state and federal burglary and habitual offender statutes to an empirical description of the offense. First, a comprehensive content …

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.

Documenting Mass Rape: Medical Evidence Collection Techniques As Humanitarian Technology, Jaimie Morse

Genocide Studies and Prevention: An International Journal

Aim: Emerging global networks of human rights activists, doctors, and nurses have advocated for increased collection of medical evidence in conflict-affected countries to corroborate allegations of sexual violence and facilitate prosecution in international and domestic courts. Such initiatives are part of broader shifts in human rights advocacy to document human rights violations using rigorous, standardized methodologies. In this paper, I consider three principal forms of medical evidence to document sexual violence and their use in these settings: the patient medical record, the medical certificate, and the sexual assault medical forensic exam (commonly known as the “rape kit”).

Methods: Combining archival …

From Intent To Effect: Richmond, Virginia, And The Protracted Struggle For Voting Rights, 1965–1977, Julian Maxwell Hayter

Jepson School of Leadership Studies articles, book chapters and other publications

Twelve years after the ratification of the Voting Rights Act of 1965 [VRA], Richmond, Virginia elected a historic majority black city council. The 5-4 majority quickly appointed an African American lawyer named Henry Marsh, III to the mayoralty. Marsh, a nationally celebrated civil rights litigator, was not only the city’s first black mayor, but the council election of 1977 was also Richmond’s first since 1970. In 1972, a federal district court used the VRA’s preclearance clause in Section 5 to place a moratorium on council contests. This moratorium lasted until the Supreme Court and the Department of Justice determined whether …

Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz

Faculty Publications

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …

An Ntsb For Capital Punishment, Adam M. Gershowitz

Faculty Publications

When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky., Theresa C. Hayden

Faculty and Staff Scholarship

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

The Corrections System Must Make More Accommodations For The Needs Of Motherhood During Incarceration And The Parole Period, Susan Bloom

Theses & Dissertations

While the overall prison population has experienced an unprecedented growth period over the past thirty years, no segment has grown at a faster rate than the female population. Since the majority of female inmates in this country are mothers, it is imperative that the corrections system addresses the unique needs of this subset. This thesis investigates problems women face during the pregnancy period, while in labor and delivery, while their progenies are infants, children and adolescents and reunification issues during the parole period.

Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen

UNLV Theses, Dissertations, Professional Papers, and Capstones

An experiment was conducted to test the effects of evidence complexity and laboratory type on jurors' perceptions of forensic evidence. The study specifically focused on three types of labs: public labs, private labs, and "corporate labs." Public labs are managed by a federal, state, or local law enforcement agency, where evidence is usually analyzed internally at an agency. Private labs are those that have been formed as private businesses to provide services to federal, state, and local crime labs with overflow work. Corporate labs are managed by major retail corporations, and primarily service the needs of their store businesses, but …

Examining Student Perceptions: Ethics And Misconduct In Today's Police Department, William Andrew Davis

Master's Theses

Police ethics and decision making are issues of concern to both academic scholars and police leaders. While previous studies have focused on perceptions of police officers, little research has focused on the perceptions of young people about police ethical decision-making. This study aims to capture such perceptions from a cohort of college students majoring in criminal justice. Students from an undergraduate criminal justice program (n=263) were surveyed to determine their attitudes toward various ethical components of police work, including the prevalence of misconduct and the impact of a college education on ethical decision-making. Moreover, the effect of successful completion of …

From The Editor-In-Chief, Ibrahim A. Baggili

Journal of Digital Forensics, Security and Law

We are proud to share with you this special edition issue of the JDFSL. This year, JDFSL partnered with both the 6th International Conference on Digital Forensics and Cyber Crime (ICDF2C) and Systematic Approaches to Digital Forensic Engineering (SADFE)–two prominent conferences in our field that were co-hosted. Fifty-three papers were submitted, and the Technical Program Committee accepted only 17 after a rigorous review process.

Translator, Traitor: A Critical Ethnography Of A U.S. Terrorism Trial, Maya Hess

Dissertations, Theses, and Capstone Projects

Historically, the role of translators and interpreters has suffered from multiple misconceptions. In theaters of war, these linguists are often viewed as traitors and kidnapped, tortured, or killed; if they work in the terrorism arena, they may be prosecuted and convicted as terrorist agents. In United States v. Ahmed Abdel Sattar, a/k/a "Abu Omar," a/k/a "Dr. Ahmed," Lynne Stewart, and Mohammed [sic] Yousry, 02 Cr. 395 (JGK) (S.D.N.Y. 2003), Yousry, an Arabic linguist and scholar of Middle Eastern history, was labeled such an agent, his work as translator/interpreter construed as material support to terrorism, and his expertise recast as dangerous …

The Punishment Should Fit The Crime—Not The Prior Convictions Of The Person That Committed The Crime: An Argument For Less Impact Being Accorded To Previous Convictions, Mirko Bagaric

San Diego Law Review

The seriousness of the offense is the main consideration that should determine the severity of criminal punishment. This cardinal sentencing principle is undermined by the reality that often the criminal history of the offender is the most decisive sentencing consideration. Recidivists are frequently sent to imprisonment for long periods for crimes, which, when committed by first-time offenders, are dealt with by a bond, probation, or a fine. This makes sentencing more about an individual’s profile than the harm caused by the offender and has contributed to a large increase in prison numbers. Intuitively, it feels right to punish repeat offenders …

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

Games Of Life And Death: The Judicial Uses Of Dice In Eighteenth And Nineteenth-Century Sweden, Per Binde

UNLV Gaming Research & Review Journal

Gambling studies should take a broad view of the field and consider activities that are not strictly gambling but similar to it, such as cleromancy and secular uses of drawing of lots, to give us perspective on societal and cultural aspects of gambling. This paper presents historical data on judicial uses of throwing dice in eighteenth and nineteenth-century Sweden. The focus is on cases of manslaughter with multiple perpetrators who were considered equally guilty and were forced by the criminal court to throw dice to determine who should be executed and who should receive lesser penalties. Three principles are distinguished …

Can Retributivism Be Saved?, Chad Flanders

BYU Law Review

Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …

Hot Zone Identification: Analyzing Effects Of Data Sampling On Spam Clustering, Rasib Khan, Mainul Mizan, Ragib Hasan, Alan Sprague

Annual ADFSL Conference on Digital Forensics, Security and Law

Email is the most common and comparatively the most efficient means of exchanging information in today's world. However, given the widespread use of emails in all sectors, they have been the target of spammers since the beginning. Filtering spam emails has now led to critical actions such as forensic activities based on mining spam email. The data mine for spam emails at the University of Alabama at Birmingham is considered to be one of the most prominent resources for mining and identifying spam sources. It is a widely researched repository used by researchers from different global organizations. The usual process …

Investigative Techniques Of N-Way Vendor Agreement And Network Analysis Demonstrated With Fake Antivirus, Gary Warner, Mike Nagy, Kyle Jones, Kevin Mitchem

Annual ADFSL Conference on Digital Forensics, Security and Law

Fake AntiVirus (FakeAV) malware experienced a resurgence in the fall of 2013 after falling out of favor after several high profile arrests. FakeAV presents two unique challenges to investigators. First, because each criminal organization running a FakeAV affiliate system regularly alters the appearance of their system, it is sometimes difficult to know whether an incoming criminal complaint or malware sample is related to one ring or the other. Secondly, because FakeAV is delivered in a “Pay Per Install” affiliate model, in addition to the ring-leaders of each major ring, there are many high-volume malware infection rings who are all using …

Work In Progress: An Architecture For Network Path Reconstruction Via Backtraced Ospf Lsdb Synchronization, Raymond A. Hansen

Annual ADFSL Conference on Digital Forensics, Security and Law

There has been extensive work in crime scene reconstruction of physical locations, and much is known in terms of digital forensics of computing devices. However, the network has remained a nebulous combination of entities that are largely ignored during an investigation due to the transient nature of the data that flows through the networks. This paper introduces an architecture for network path reconstruction using the network layer reachability information shared via OSPF Link State Advertisements and the routines and functions of OSPF::rt_sched() as applied to the construction of identical Link State Databases for all routers within an Area.

Application Of Toral Automorphisms To Preserve Confidentiality Principle In Video Live Streaming, Enrique García-Carbajal, Clara Cruz-Ramos, Mariko Nakano-Miyatake

Annual ADFSL Conference on Digital Forensics, Security and Law

Most of the Live Video Systems do not preserve the Confidentiality principle, and send all frames of the video without any protection, allowing an easy “man in the middle” attack. But when it does, it uses cryptographic techniques over streaming data or makes use of secure channel systems. This generates low frame rate and demands many processor resources. In fact native Live Video Streaming demands many resources of all System.

In this paper we propose a technique to preserve confidentiality in Video Live Streaming applying a confusing visual method making use of the Toral Automorphism Spatial Transformation over each frame. …

Visualizing Instant Messaging Author Writeprints For Forensic Analysis, Angela Orebaugh, Jason Kinser, Jeremy Allnutt

Annual ADFSL Conference on Digital Forensics, Security and Law

As cybercrime continues to increase, new cyber forensics techniques are needed to combat the constant challenge of Internet anonymity. In instant messaging (IM) communications, criminals use virtual identities to hide their true identity, which hinders social accountability and facilitates cybercrime. Current instant messaging products are not addressing the anonymity and ease of impersonation over instant messaging. It is necessary to have IM cyber forensics techniques to assist in identifying cyber criminals as part of the criminal investigation. Instant messaging behavioral biometrics include online writing habits, which may be used to create an author writeprint to assist in identifying an author …