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Full-Text Articles in Legal Studies

Op-Ed: Cops Shoot And Kill Someone About 1,000 Times A Year: Few Are Prosecuted: What Can Be Done?, Philip M. Stinson Dec 2016

Op-Ed: Cops Shoot And Kill Someone About 1,000 Times A Year: Few Are Prosecuted: What Can Be Done?, Philip M. Stinson

Criminal Justice Faculty Publications

No abstract provided.


Reformers Against The Clock, William Sloan Greenawalt Dec 2016

Reformers Against The Clock, William Sloan Greenawalt

The Catholic Lawyer

No abstract provided.


Too Little, Too Late?, Revius O. Ortique, Jr. Dec 2016

Too Little, Too Late?, Revius O. Ortique, Jr.

The Catholic Lawyer

No abstract provided.


The Inaugural Issue Of Dignity, Donna M. Hughes Dec 2016

The Inaugural Issue Of Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


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 Nov 2016

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 Nov 2016

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 Nov 2016

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 Nov 2016

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 Nov 2016

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 Nov 2016

“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 Nov 2016

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 Nov 2016

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” …


Welcome To Dignity, Donna M. Hughes Nov 2016

Welcome To Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


The First Year Of The San Bernardino Restorative Youth Court, John M. Winslade Nov 2016

The First Year Of The San Bernardino Restorative Youth Court, John M. Winslade

Journal of Critical Issues in Educational Practice

The San Bernardino Restorative Youth Court was established by the San Bernardino City Unified School District school board and has operated for one school year (2015-16). The purpose of this article is to document what has happened in this year and to begin to address questions about the value of the youth court for those for whom it aims to make a difference. Data collated are at this point preliminary but some tentative conclusions can be drawn, even at this early stage. Here we shall outline these data and the conclusions that are suggested by them. The best available measure …


Prosecuted But Not Silenced: Courtroom Reform For Sexually Abused Children By Maralee Mclean, Barry Goldstein Nov 2016

Prosecuted But Not Silenced: Courtroom Reform For Sexually Abused Children By Maralee Mclean, Barry Goldstein

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Looking Upstream: A Sociological Investigation Of Mass Public Shootings, Joel A. Capellan Sep 2016

Looking Upstream: A Sociological Investigation Of Mass Public Shootings, Joel A. Capellan

Dissertations, Theses, and Capstone Projects

In the last 40 years, social scientists have provided important insights into the different characteristics of mass public shootings: their prevalence, types, patterns, and individual risk factors. However, we still lack a fundamental understanding of the processes that shape its incidence and spatial distribution. Our failure to tap into these dynamics is rooted in our inability to escape the dominant paradigm in which this phenomenon has been examined. Literature on mass murders, and most recently on mass public shootings, has been trapped by an analytical framework that cares only for individual risk factors. This paradigm is myopic because it assumes …


“Eye For An Eye” Or “Turn The Other Cheek?” Exploring The Moderating Roles Of Revenge And Forgiveness When Examining Death Penalty Support And Religious Fundamentalism, William Howard Whited Aug 2016

“Eye For An Eye” Or “Turn The Other Cheek?” Exploring The Moderating Roles Of Revenge And Forgiveness When Examining Death Penalty Support And Religious Fundamentalism, William Howard Whited

Dissertations

Public attitudes towards the death penalty appear to influence the usage of legislative policies about this highly debated sanction in the United States. However, existing ways of measuring public opinion about the death penalty are limited in the information they provide. As such, one purpose of the study was to further develop the Revised Attitudes towards the Death Penalty Scale (RATDP), an instrument that measures level of support for the death penalty and is inclusive of the rationales that both proponents and opponents use to justify their stance. Support for a five-factor structure of the RATDP was found in an …


How The City Of Indianapolis Came To Have African American Policemen And Firemen 80 Years Before The Modern Civil Rights Movement., Leon E. Bates Aug 2016

How The City Of Indianapolis Came To Have African American Policemen And Firemen 80 Years Before The Modern Civil Rights Movement., Leon E. Bates

Electronic Theses and Dissertations

This study explores a series of events that occurred in the spring of 1876. The relationship between the Indianapolis city government, the Marion County Courts, the Indianapolis Police Department, and the African American community came together to usher in changes never before envisioned. The Indianapolis Police Department (IPD) was formed in 1855, then disbanded 12 months later in a political dispute. From 1857-to-1876, the IPD was all white. These changes took place as the Reconstruction era was coming to a close. The first Ku Klux Klan was at its apex, terrorizing black communities, and Jim Crow was coming into its …


Does Gender Still Matter? Child Custody Bias In The Illinois Family Court System, Derek K. Ronnfeldt Jul 2016

Does Gender Still Matter? Child Custody Bias In The Illinois Family Court System, Derek K. Ronnfeldt

Theses and Dissertations

Over the last several decades, nearly all of the states have formed task forces to look at the perception of a gender bias within the family court systems as they pertain to child custody. This self-scrutiny has included the attitudes of judges and attorneys within the system and the need of reform of our family courts. This research focused on replicating a study conducted by Dotterweich and McKinney that was completed in 2000 that compiled statistics from four different state task forces in Maryland, Missouri, Texas, and Washington. This research focused on Illinois judges and attorneys, using the same questions …


The South African Elderly: Neglect, Social Contribution And The Hiv/Aids Epidemic, Alessia Frisoli Jun 2016

The South African Elderly: Neglect, Social Contribution And The Hiv/Aids Epidemic, Alessia Frisoli

Dissertations, Theses, and Capstone Projects

With a slowing fertility rate and an increasing longevity, the world population is aging. Both developed and developing countries have seen their elderly become more numerous with an increasing burden on their financial, medical and social system. Many scholars have suggested immediate change of policies to contain the predicted crisis that will affect the health care and the pension schemes in the next decades. However, few have investigated the positive role that the seniors play contributing to society, beyond the complications caused to the economy and welfare system. This thesis will support the argument that the elderly, if appropriately cared …


A Quantitative Analysis Of Sex Trafficking Law On The Decriminalization Of Youth Involved In Commercialized Sex, Nay Petrucelli Jun 2016

A Quantitative Analysis Of Sex Trafficking Law On The Decriminalization Of Youth Involved In Commercialized Sex, Nay Petrucelli

Theses and Dissertations

Legislators have been responding to the growing push to treat youth in the sex industry as victims of a crime instead of perpetrators. Recent legislative changes have occurred in every state and nationally as part of anti-trafficking legislation, not prostitution law directly. While the content of these laws has been studied, its outcomes for youth have not. This study uses a cross-sectional time-series model to test the impact that changes to state trafficking law has had on juvenile prostitution arrest rates. Findings support the hypothesis that legislation passed with a juvenile protection component decreases the juvenile prostitution arrest rate. It …


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson Jun 2016

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …


The Rise Of China's Hacking Culture: Defining Chinese Hackers, William Howlett Iv Jun 2016

The Rise Of China's Hacking Culture: Defining Chinese Hackers, William Howlett Iv

Electronic Theses, Projects, and Dissertations

China has been home to some of the most prominent hackers and hacker groups of the global community throughout the last decade. In the last ten years, countless attacks globally have been linked to the People’s Republic of China (PRC) or those operating within the PRC. This exploration attempts to investigate the story, ideology, institutions, actions, and motivations of the Chinese hackers collectively, as sub-groups, and as individuals. I will do this using sources ranging from basic news coverage, interviews with experts and industry veterans, secondary reportage, leaked documents from government and private sources, government white papers, legal codes, blogs …


Sim Card Forensics: Digital Evidence, Nada Ibrahim, Nuha Al Naqbi, Farkhund Iqbal, Omar Alfandi May 2016

Sim Card Forensics: Digital Evidence, Nada Ibrahim, Nuha Al Naqbi, Farkhund Iqbal, Omar Alfandi

Annual ADFSL Conference on Digital Forensics, Security and Law

With the rapid evolution of the smartphone industry, mobile device forensics has become essential in cybercrime investigation. Currently, evidence forensically-retrieved from a mobile device is in the form of call logs, contacts, and SMSs; a mobile forensic investigator should also be aware of the vast amount of user data and network information that are stored in the mobile SIM card such as ICCID, IMSI, and ADN. The aim of this study is to test various forensic tools to effectively gather critical evidence stored on the SIM card. In the first set of experiments, we compare the selected forensic tools in …


Assessing The Gap: Measure The Impact Of Phishing On An Organization, Brad Wardman May 2016

Assessing The Gap: Measure The Impact Of Phishing On An Organization, Brad Wardman

Annual ADFSL Conference on Digital Forensics, Security and Law

Phishing has become one of the most recognized words associated with cybercrime. As more organizations are being targeted by phishing campaigns, there are more options within the industry to deter such attacks. However, there is little research into how much damage these campaigns are causing organizations. This paper will show how financial organizations can be impacted by phishing and present a method for accurately quantifying resultant monetary losses. The methodology presented in this paper can be adapted to other organizations in order to quantify phishing losses across industries.

Keywords: phishing, cybercrime, economics


Wban Security Management In Healthcare Enterprise Environments, Karina Bahena, Manghui Tu May 2016

Wban Security Management In Healthcare Enterprise Environments, Karina Bahena, Manghui Tu

Annual ADFSL Conference on Digital Forensics, Security and Law

As healthcare data are pushed online, consumers have raised big concerns on the breach of their personal information. Law and regulations have placed businesses and public organizations under obligations to take actions to prevent such data breaches. Various vulnerabilities have been identified in healthcare enterprise environments, in which the Wireless Body Area Networks (WBAN) remains to be a major vulnerability, which can be easily taken advantage of by determined adversaries. Thus, vulnerabilities of WBAN systems and the effective countermeasure mechanisms to secure WBAN are urgently needed. In this research, first, the architecture of WBAN system has been explored, and the …


Forensics Analysis Of Privacy Of Portable Web Browsers, Ahmad Ghafarian May 2016

Forensics Analysis Of Privacy Of Portable Web Browsers, Ahmad Ghafarian

Annual ADFSL Conference on Digital Forensics, Security and Law

Web browser vendors offer a portable web browser option which is considered as one of the features that provides user privacy. Portable web browser is a browser that can be launched from a USB flash drive without the need for its installation on the host machine. Most popular web browsers have portable versions of their browsers as well. Portable web browsing poses a great challenge to computer forensic investigators who try to reconstruct the past browsing history, in case of any computer incidence. This research examines various sources in the host machine such as physical memory, temporary, recent, event files, …


Reverse Engineering A Nit That Unmasks Tor Users, Matthew Miller, Joshua Stroschein, Ashley Podhradsky May 2016

Reverse Engineering A Nit That Unmasks Tor Users, Matthew Miller, Joshua Stroschein, Ashley Podhradsky

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper is a case study of a forensic investigation of a Network Investigative Technique (NIT) used by the FBI to deanonymize users of a The Onion Router (Tor) Hidden Service. The forensic investigators were hired by the defense to determine how the NIT worked. The defendant was ac- cused of using a browser to access illegal information. The authors analyzed the source code, binary files and logs that were used by the NIT. The analysis was used to validate that the NIT collected only necessary and legally authorized information. This paper outlines the publicly available case details, how the …


Malware In The Mobile Device Android Environment, Diana Hintea, Robert Bird, Andrew Walker May 2016

Malware In The Mobile Device Android Environment, Diana Hintea, Robert Bird, Andrew Walker

Annual ADFSL Conference on Digital Forensics, Security and Law

exploit smartphone operating systems has exponentially expanded. Android has become the main target to exploit due to having the largest install base amongst the smartphone operating systems and owing to the open access nature in which application installations are permitted. Many Android users are unaware of the risks associated with a malware infection and to what level current malware scanners protect them. This paper tests how efficient the currently available malware scanners are. To achieve this, ten representative Android security products were selected and tested against a set of 5,560 known and categorized Android malware samples. The tests were carried …


Forensic Analysis Of Smartphone Applications For Privacy Leakage, Diana Hintea, Chrysanthi Taramonli, Robert Bird, Rezhna Yusuf May 2016

Forensic Analysis Of Smartphone Applications For Privacy Leakage, Diana Hintea, Chrysanthi Taramonli, Robert Bird, Rezhna Yusuf

Annual ADFSL Conference on Digital Forensics, Security and Law

Smartphone and tablets are personal devices that have diffused to near universal ubiquity in recent years. As Smartphone users become more privacy-aware and -conscious, research is needed to understand how “leakage” of private information (personally identifiable information – PII) occurs. This study explores how leakage studies in Droid devices should be adapted to Apple iOS devices. The OWASP Zed Attack Proxy (ZAP) is examined for 50 apps in various categories. This study confirms that: (1) most apps transmit unencrypted sensitive PII, (2) SSL is used by some recipient websites, but without corresponding app compliance with SSL, and (3) most apps …