Legal Studies Commons^™

(Trans)Forming The Provocation Defense, Morgan Tilleman

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews, Juliet S. Sorensen

Journal of Criminal Law and Criminology

No abstract provided.

Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey

Journal of Criminal Law and Criminology

No abstract provided.

Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System, Kelly Beck

Business and Economics Honors Papers

For many years, researchers have attempted to find a link between beauty and labor market outcomes. Although many important findings have been noted in these studies, the beauty analysis utilized was a subjective measurement. This subjective method, while important, may have external factors creating bias in the rating itself. In this study, the impact of beauty is applied to criminals and their sentences. Using a computer based symmetry measurement tool, an objective beauty measurement will be utilized. This study will seek to uncover whether or not criminals who are less attractive, measured through facial symmetry, receive harsher prison sentences than …

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Updates on ongoing Criminal Justice Policy Research Institute studies
• New research getting underway
• Latest awards and distinctions
• Publications

Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …

Making Up Is Hard To Do: Race/Gender/Sexual Orientation In The Law School Classroom, Robert S. Chang, Adrienne D. Davis

Women, Gender & Sexuality Studies Faculty Research

This exchange of letters picks up where Professors Adrienne Davis and Robert Chang left off in an earlier exchange that examined who speaks, who is allowed to speak, and what is remembered. Here, Professors Davis and Chang explore the dynamics of race, gender, and sexual orientation in the law school classroom. They compare the experiences of African American women and Asian American men in trying to perform as law professors, considering how makeup and other gender tools simultaneously assist and hinder such performances. Their exchange examines the possibility of bias that complicates the use of student evaluations in assessing teaching …

Trust Account Fraud And Effective Information Security Management, Sameera Mubarak

Journal of Digital Forensics, Security and Law

The integrity of lawyers’ trust accounts has come under scrutiny in the last few years. There are strong possibilities of information technology security breaches happening within the firms, either accidental or deliberate. The damage caused by these security breaches could be extreme. For example, a trust account fund in an Australian law firm was misused in a security breach in which Telstra charged A$50,000 for phone usage, mainly for ISD calls to Hong Kong. Our study involved interviewing principals of ten law companies to find out solicitors’ attitudes to computer security and the possibility of breaches of their trust accounts. …

Forensic Analysis Of The Windows 7 Registry, Khawla A. Alghafli, Andrew Jones, Thomas A. Martin

Journal of Digital Forensics, Security and Law

The recovery of digital evidence of crimes from storage media is an increasingly time consuming process as the capacity of the storage media is in a state of constant growth. It is also a difficult and complex task for the forensic investigator to analyse all of the locations in the storage media. These two factors, when combined, may result in a delay in bringing a case to court. The concept of this paper is to start the initial forensic analysis of the storage media in locations that are most likely to contain digital evidence, the Windows Registry. Consequently, the forensic …

Reeling In Big Phish With A Deep Md5 Net, Brad Wardman, Gary Warner, Heather Mccalley, Sarah Turner, Anthony Skjellum

Journal of Digital Forensics, Security and Law

Phishing continues to grow as phishers discover new exploits and attack vectors for hosting malicious content; the traditional response using takedowns and blacklists does not appear to impede phishers significantly. A handful of law enforcement projects — for example the FBI's Digital PhishNet and the Internet Crime and Complaint Center (ic3.gov) — have demonstrated that they can collect phishing data in substantial volumes, but these collections have not yet resulted in a significant decline in criminal phishing activity. In this paper, a new system is demonstrated for prioritizing investigative resources to help reduce the time and effort expended examining this …

The 2009 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland, G. Dabibi, Gareth Davies

Journal of Digital Forensics, Security and Law

The ever increasing use and reliance upon computers in both the public and private sector has led to enormous numbers of computers being disposed of at the end of their useful life within an organisation. As the cost of computers has dropped, their use in the home has also continued to increase. In most organisations, computers have a relatively short life and are replaced on a regular basis with the result that, if not properly cleansed of data, they are released into the public domain containing data that can be relatively up to date. This problem is exacerbated by the …

Computer Forensics For Graduate Accountants: A Motivational Curriculum Design Approach, Grover S. Kearns

Journal of Digital Forensics, Security and Law

Computer forensics involves the investigation of digital sources to acquire evidence that can be used in a court of law. It can also be used to identify and respond to threats to hosts and systems. Accountants use computer forensics to investigate computer crime or misuse, theft of trade secrets, theft of or destruction of intellectual property, and fraud. Education of accountants to use forensic tools is a goal of the AICPA (American Institute of Certified Public Accountants). Accounting students, however, may not view information technology as vital to their career paths and need motivation to acquire forensic knowledge and skills. …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

The Impact Of Race, Gender, And Age On The Pretrial Decision, Tina L. Freiburger, Carly M. Hilinski

Peer Reviewed Publications

There is an abundance of studies that examine judicial discretion in the final sentencing stages; however, few have examined discretion in the early stages of court decisions. Pretrial release is especially concerning as it has been strongly correlated with a final sentence of incarceration and deprives defendants of their freedom. This study examined whether race, gender, and age influence judges’ decisions to detain or release a defendant prior to trial. The results indicate that females and younger defendants were less likely to be detained. Race was not significant after economic variables were included. When examining males and females separately, race …

Methamphetamine Use And Criminal Behavior, Michael C. Gizzi, Patrick Gerkin

Peer Reviewed Publications

This research seeks to broaden our understanding of methamphetamine’s (meth’s) place within the study of drugs and crime. Through extensive court records research and interviews with 200 offenders in local jails in western Colorado, this research contributes to the creation of a meth user profile and begins to identify the place of meth in the drug–crime nexus. The study compares the criminal behavior of meth users with other drug users, finding that meth users are more likely than other drug users to be drunk or high at the time of arrest and claim their crimes were related to drug use …

Cohabiting, Family And Community Stressors, Selection, And Juvenile Delinquency, Christopher A. Kierkus, Brian R. Johnson, John D. Hewitt

Peer Reviewed Publications

Prior research has established that children from traditional, two-parent nuclear families experience a lower risk of delinquency than children raised in alternative family structures. However, many studies have ignored the effect of parental cohabiting on delinquent development. A growing body of research suggests that cohabiting (even among biological parents) may be harmful to children. This study tests the hypothesis that cohabiting is associated with four different types of delinquent behavior. It examines two theoretical models, a family stress model and a community stress/selection model, as possible explanations of ‘‘the cohabiting effect.’’ The analysis reveals that cohabiting is generally associated with …

Pelaksanaan Hukum Islam Secara Kontekstual Di Indonesia : Analisis Terhadap Kompilasi Hukum Islam (Khi)., Abdul Muiz Khazin

Student Works (2010-2019)

This study focuses on the compilation of Islamic law (KHI) as a book of Islamic law in Islamic Family Law which is legalized the implementation of Islamic law in Indonesia through “The instruction of President No. 1. 1991“. The study based on solely on the library research by utilizing the descriptive analytical, historical and content analysis method in analyzing the collected data. Historically, the implementation of Islamic law in Indonesia has become faded and sometimes depends on local government authority. Initially, the relationship between the Traditions of Nusantara Archipelago and Islamic law has blended and became a law that lives …

Exit Strategy: An Exploration Of Late-Stage Police Crime, Philip M. Stinson, John Liederbach, Tina L. Freiburger

Criminal Justice Faculty Publications

There are no exhaustive statistics available on the crimes committed by law enforcement officers, and only a small number of studies provide specific data on police crimes. The purpose of the current study is to examine the character of police arrests known to the media. Cases were identified through a content analysis of news coverage using the internet-based Google^TM News search engine and its Google News Alerts search tool. The study focuses on the crimes committed by experienced officers who are approaching retirement. The occurrence of these late-stage crimes presents a challenge to existing assumptions regarding the relationship between …

Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

This article scrutinizes the legislative reactions to the Oklahoma City Bombing and the 2005 London Bombings to try to decipher why counter-terror legislation was substantially blocked after these attacks. It finds that the partisan composition of the government and executive approval ratings are critical to the passage of counter-terror laws. In light of the recent slew of counter-terror legislation passed worldwide, cases, where counter-terror legislation has been blocked, have become critically important. To this end, this article asks, “Why does counter-terror legislation get blocked when it does?” To answer the question, three variables are tested: partisan composition of the government, …

Exporting U.S. Criminal Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

This article explores how and why, in the Cold War’s wake, the U.S. government began to export U.S.-style criminal law and procedure models to developing and politically transitioning states. U.S. criminal law and development consultants now work in countries across the globe. This article reveals how U.S. initiatives have shaped state and non-state actors’ responses to a range of global challenges, even as this approach suffers from a deep democratic deficit. Further, this article argues that U.S. programs perpetuate U.S.-style legal institutional idolatry (which is often tied to systemic dysfunction both in the United States and abroad), and in so …

The Impact Of Crime Outcomes On Public Opinions On Sentencing: In Particular Regards To Recent "One Punch" Legislation, Teneke Kuek

Theses : Honours

Australia has recently experienced a punitive swing in sentencing policies and legislation. Consequently, politicians have responded favourably to popular demands for harsher sentencing. A comprehensive review of the current literature has been undertaken to understand why the community has adopted such a punitive position. It has been suggested that the media have hypersensitised the public into believing that crime is much more prevalent than it actually is, resulting in the individual fearing becoming a victim of crime. The public then chooses to elect politicians who appear to be concerned with their safety and the associated legislation. Expectancy/value theory contends that …

Social Disorganization And The Spatial Distribution Of Homicides In El Paso, Nicholas Andrew Emerick

Open Access Theses & Dissertations

Recent research on social disorganization theory shows general support for economic and stability measures of disorganization, but spatial dispersions and the disaggregation of homicides of crime have not been fully examined. 1985-1995 homicide data from the El Paso Police Department's detective logs and US Census data are combined to explore social disorganization in El Paso, the impact of ports of entry, and how motive interacts with social disorganization. Findings for total homicides in El Paso support existing social disorganization research. Motive specific homicides displayed distinct relationships to the disorganization measures. The concentrations of homicides near ports of entry can be …

Normalizing Trepidation And Anxiety, Christine P. Bartholomew, Johanna Oreskovic

Journal Articles

No abstract provided.

Qualitative And Quantitative X-Ray Diffraction Analysis For Forensic Examination Of Duct Tapes, Rebecca E. Bucht

Dissertations, Theses, and Capstone Projects

Duct tapes are an increasingly important class of forensic evidence. This research has studied the value of using x-ray diffraction (XRD) to extend the ability of evidence examiners to gain additional information about a duct tape specimen.

Duct tapes are composed of five different layers. Starting from the non-adhesive side, these layers are the release coating, backing, scrim, primer and adhesive. The release coating assists in reducing unwind tension and preventing the tape from sticking to itself when on a roll. The backing layer serves as a support for the adhesive, and is usually based on polyethylene. The scrim is …

Multidistrict Litigation: A Surprising Bonus For Pro Se Plaintiffs And A Possible Boon For Consumers, Danielle D'Onfro

Scholarship@WashULaw

Conventional wisdom says that pro se plaintiffs almost invariably fare worse than represented plaintiffs. However, there exists in federal court a procedural regime under which pro se plaintiffs effectively receive attorneys and therefore experience success rates similar to their represented peers: multidistrict litigation. Multidistrict litigation is a procedure for consolidating multiple federal civil cases sharing common questions of fact into a single proceeding in one federal district court for coordinated pre-trial proceedings and discovery. This paper takes an empirical look at all federal civil cases terminating between 2006 and 2008 to determine what effect multidistrict litigation has on case outcome …

Public Opinion On The Sentencing Of Mentally Ill Female Offenders; Factors That Influence People's Perceptions Of Appropriate Punishments And The Impact Of Personal Experience On Sentencing Judgements, Claire Adams

Theses : Honours

The aim of the current study was to explore public opinion on mentally ill female offenders in Western Australia, and the influence of these views on sentencing decisions. This study aimed to determine whether the mental health of a female offender influenced how people view a crime and the punishment they consider most appropriate for an offender. In addition, it aimed to investigate whether knowing someone with a mental illness influences people's perception of a crime and the sentencing decisions favoured for a mentally ill female offender. The study involved a between-subjects design comprising 118 participants, who received one version …

Introduction To 'Queer Theory: Law, Culture, Empire', Robert Leckey, Kim Brooks

Articles, Book Chapters, & Popular Press

This is the introduction to an edited collection. The book uses queer theory to examine the complex interactions of law, culture, and empire in relation to sexual minorities. Building on recent work on empire, it studies how law-reform efforts by sexual minorities can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The book takes a contextual, socio-legal, comparative, and interdisciplinary approach. The authors - from five continents - study examples from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts - from cultural productions to laws and judgments - …

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Research

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it was …

Forensic Analysis Of A Playstation 3 Console, Scott Conrad, Greg Dorn, Philip Craiger

Publications

The Sony PlayStation 3 (PS3) is a powerful gaming console that supports Internet-related activities, local file storage and the playing of Blu-ray movies. The PS3 also allows users to partition and install a secondary operating system on the hard drive. This “desktop-like” functionality along with the encryption of the primary hard drive containing the gaming software raises significant issues related to the forensic analysis of PS3 systems. This paper discusses the PS3 architecture and behavior, and provides recommendations for conducting forensic investigations of PS3 systems.

Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law School Faculty Publications

Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue.

As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …