Legal Studies Commons^™

Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone

Pell Scholars and Senior Theses

In upholding the constitutionality of capital punishment, the United States Supreme Court has utilized a strict construction interpretation of the Fourteenth Amendment's Due Process Clause, which has led the opponents of capital punishment to abandon the Due Process approach and look to the Eighth Amendment, for which the justices utilize a loose construction interpretation.

Differences In Community Policing Definitions Of County And City La W Enforcement Agencies In Colorado, Jenna J. Slabaugh

Regis University Student Publications (comprehensive collection)

While community policing has been around for decades and is widely adopted in law enforcement agencies throughout the US, there is no one accepted definition of this philosophy. This has led to departments around the country defining community policing differently. This comparative study utilized content analysis to compare the community policing definitions in county and city agencies located in Colorado. Further, a comparative analysis determined whether the type of agency influences how a department defines community policing. Survey research was be used to collect data for this study and a combination of quantitative and qualitative methods were employed.

Animal Assisted Therapy: The Perception Of Animal Assisted Therapy Clinicians Regarding Active Participation In Treatment Therapies Of Juveniles In Detention Center Settings, Julia M. Lowe

Regis University Student Publications (comprehensive collection)

Juvenile delinquent facilities have witnessed an increase in youthful offenders experiencing mental health disorders. Mental health clinicians have been required to implement new forms of mental health treatments to address the rise in this special population of juveniles. Animal Assisted Therapy (AAT) has become a popular form of treatment in detention facilities. Qualitative data collection was administered using a focus group of three participants to examine clinicians' perceptions of juvenile participation during AAT. Clinicians perceived increased participation of juveniles participation in AAT. Clinicians also witnessed changes in juvenile behaviors within the detention facility, indicating juveniles participating in AAT were more …

Media Perception Of Excessive Police Force Based On Unemployment Rate: An Analysis Of Colorado Springs, Denver, And Pueblo, Jennifer Meckstroth

Regis University Student Publications (comprehensive collection)

Excessive police force is reported in newspaper articles throughout the country on a regular basis. The purpose of this project was to determine whether the unemployment rate of a city had an effect on how the media perceives excessive police force in local newspapers. A content analysis of articles combined from Colorado Springs, Denver, and Pueblo examined the current perception of police in the media and how the unemployment rate effects how the media portrays excessive police force. The results of this study analyzed how the newspaper are analyzed the results determine whether a city with high a unemployment rate …

Using John Grisham's The Innocent Man To Create A Significant Learning Experience For Undergraduate Students In A Psychology And The Law Course, Emily Stark

Psychology Department Publications

Imagine a man, suffering from alcoholism and schizophrenia, drifting through his small town, known mostly for getting thrown out of bars. When a graphic murder occurs, this man’s name gets linked to the victim, and police focus on him as a suspect. Although there is no evidence against him, a combination of poor police work and a town’s desire for closure lead to this innocent man being convicted of the crime and sentenced to death. Down to his last appeal, after spending 12 years on death row, a fair and honest judge is finally convinced to take a closer look …

Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

With advances in technology and increases in impersonal electronic transactions, identity theft IT) is becoming a major problem in today’s society. One may ask why IT is growing in America. The answer is simple, as a review of literature reveals: IT is extremely hard to detect, prevent, and prosecute.

There are many ways people can protect themselves, their identities and secure their personal information; many do not concern themselves with this knowledge, however, until they become victims of this crime, themselves. With advances in technology, offenders are often turning to new methods to access information and use it for financial …

Bad Girls Of Art And Law: Abjection, Power, And Sexuality Exceptionalism In (Kara Walker’S) Art And (Janet Halley’S) Law, Adrienne D. Davis

Women, Gender & Sexuality Studies Faculty Research

This paper seeks to make some connections between legal theorist Janet Halley and contemporary artist Kara Walker. It compares their recent oeuvre to show how both reject understandings of the interplay of sex, power, and subordination proffered by conventional "justice projects" - specifically civil rights’ and feminism’s articulations of bodily violence and violation as key modes of racial and gender injury and subordination. Neither of these two is the first to dispute such accounts of injury and identity; yet, what distinguishes them is that both attempt to ground their theoretical and aesthetic indictments in the notion of abjection, or the …

The Demographics Of Healthcare Fraud In South Florida, Jennifer K. Pond

Regis University Student Publications (comprehensive collection)

Health care fraud is a large problem in this country. Experts in the field estimate that 3-10% of all health care expenditures in the United States are fraudulent (National Health Care Anti-Fraud Association, n.d., Federal Bureau of Investigation, 2009). "Financial losses due to health care fraud are estimated to range from $70 billion to a staggering $234 billion a year" (The National Health Care Anti-Fraud Association, 2010). With this problem identified, it is important to identify and isolate possible influences and factors which perpetuate this type of fraud. Using South Florida as the subject area and health care fraud as …

Medical Marijuana Centers And Urban Resident's Perception Of Crime In Their Neighborhood, Maura L. Scherrer

Regis University Student Publications (comprehensive collection)

Due to the ambiguity of constitutional amendments, multiple state legislations, and municipal ordinances, medical marijuana has become quite a contentious subject. Despite the fact that many Americans approve the use of medical marijuana, they are opposed to medical marijuana centers opening in their own neighborhoods. People are concerned about the "element" that these centers bring into their neighborhoods as a result of increased pedestrian and vehicle traffic, loitering, open display of drug usage, and the fear of organized crime; comparable to the theory of broken windows, where crime is invited into a community when the wrong element is allowed to …

Effect Of Crime Type, Citizenship Status, Ethnicity, And Location Of Interrogation On Perceptions Of Enhanced Interrogation Techniques, Brianna Correira

Honors Senior Capstones and Theses

The current study asks when, if ever, is it acceptable to use "enhanced" interrogation techniques? A mostly White (90.4%), female (55%) sample of 240 participants read a vignette describing an Italian or Saudi Arabian suspect, who was a U.S. citizen or illegal immigrant, who was interrogated on either a U.S. army base or abroad for one of two crimes: child molestation or terrorism. The study failed to find the hypothesized interaction that participants would be more likely to endorse the use of harsh interrogation tactics when the suspect was Saudi Arabian, an illegal immigrant, accused of terrorism, and interrogated abroad. …

Ios Mobile Device Forensics: Initial Analysis, Rita M. Barrios, Michael R. Lehrfeld

Annual ADFSL Conference on Digital Forensics, Security and Law

The ability to recover forensic artifacts from mobile devices is proving to be an ever-increasing challenge for investigators. Coupling this with the ubiquity of mobile devices and the increasing complexity and processing power they contain results in a reliance on them by suspects. In investigating Apple’s iOS devices -- namely the iPhone and iPad -- an investigator’s challenges are increased due to the closed nature of the platforms. What is left is an extremely powerful and complex mobile tool that is inexpensive, small, and can be used in suspect activities. Little is known about the internal data structures of the …

Forensic Analysis Of Smartphones: The Android Data Extractor Lite (Adel), Felix Freiling, Michael Spreitzenbarth, Sven Schmitt

Annual ADFSL Conference on Digital Forensics, Security and Law

Due to the ubiquitous use of smartphones, these devices become an increasingly important source of digital evidence in forensic investigations. Thus, the recovery of digital traces from smartphones often plays an essential role for the examination and clarification of the facts in a case. Although some tools already exist regarding the examination of smartphone data, there is still a strong demand to develop further methods and tools for forensic extraction and analysis of data that is stored on smartphones. In this paper we describe specifications of smartphones running Android. We further introduce a newly developed tool – called ADEL – …

Survey On Cloud Forensics And Critical Criteria For Cloud Forensic Capability: A Preliminary Analysis, Keyun Ruan, Ibrahim Baggili, Joe Carthy, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we present the current results and analysis of the survey “Cloud forensics and critical criteria for cloud forensic capability” carried out towards digital forensic experts and practitioners. This survey was created in order to gain a better understanding on some of the key questions of the new field - cloud forensics - before further research and development. We aim to understand concepts such as its definition, the most challenging issues, most valuable research directions, and the critical criteria for cloud forensic capability.

Keywords: Cloud Forensics, Cloud Computing, Digital Forensics, Survey, Cloud Forensic Capability

Kindle Forensics: Acquisition & Analysis, Peter Hannay

Annual ADFSL Conference on Digital Forensics, Security and Law

The Amazon Kindle eBook reader supports a wide range of capabilities beyond reading books. This functionality includes an inbuilt cellular data connection known as Whispernet. The Kindle provides web browsing, an application framework, eBook delivery and other services over this connection. The historic data left by user interaction with this device may be of forensic interest. Analysis of the Amazon Kindle device has resulted in a method to reliably extract and interpret data from these devices in a forensically complete manner.

Keywords: forensics, digital forensics, kindle, mobile, embedded, ebook, ereader

Aacsb‐Accredited Schools’ Adoption Of Information Security Curriculum, Linda Lau, Cheryl Davis

Annual ADFSL Conference on Digital Forensics, Security and Law

The need to professionally and successfully conduct computer forensic investigations of incidents has never been greater. This has launched an increasing demand for a skilled computer security workforce (Locasto, et al., 2011). This paper examines the extent to which AACSB-accredited universities located in Virginia, Maryland and Washington, D.C. are working towards providing courses that will meet this demand. The authors conduct an online research of the information security courses and programs offered by the 27 AACSB-accredited business schools in the selected area.

The preliminary investigation revealed that eight of the 27 participating universities did not offer any courses in cybersecurity, …

Digital Forensics Investigation In A Collegiate Environment, Robert E. Johnston

Annual ADFSL Conference on Digital Forensics, Security and Law

Creating, building, managing a cost effective digital forensics lab including a team of qualified examiners can be a challenge for colleges [1] with multiple campuses in multiple towns, counties and states. Leaving such examination responsibilities to each of the campuses results in not only disparity in the results but more than likely excessive duplication of efforts as well as the potential for compromise of evidence. Centralizing the forensic efforts results in a team that is not subject to the political pressures of a campus and virtually eliminates the possibility of examiner favoritism. Learn what it takes to create a cost …

Backtrack In The Outback - A Preliminary Report On Cyber Security Evaluation Of Organisations In Western Australia, Craig Valli, Andrew Woodward, Peter Hannay

Annual ADFSL Conference on Digital Forensics, Security and Law

The authors were involved in extensive vulnerability assessment and penetration testing of over 15 large organisations across various industry sectors in the Perth CBD. The actual live testing involved a team of five people for approximately a four week period, and was black box testing. The scanning consisted of running network and web vulnerability tools, and in a few cases, exploiting vulnerability to establish validity of the tools. The tools were run in aggressive mode with no attempt made to deceive or avoid detection by IDS/IPS or firewalls. The aim of the testing was to determine firstly whether these organisations …

Creating Realistic Corpora For Security And Forensic Education, Kam Woods, Christopher A. Lee, Simson Garfinkel, David Dittrich, Adam Russell, Kris Kearton

Annual ADFSL Conference on Digital Forensics, Security and Law

We present work on the design, implementation, distribution, and use of realistic forensic datasets to support digital forensics and security education. We describe in particular the “M57-Patents” scenario, a multi-modal corpus consisting of hard drive images, RAM images, network captures, and images from other devices typically found in forensics investigations such as USB drives and cellphones. Corpus creation has been performed as part of a scripted scenario; subsequently it is less “noisy” than real-world data but retains the complexity necessary to support a wide variety of forensic education activities. Realistic forensic corpora allow direct comparison of approaches and tools across …

Developing A Forensic Continuous Audit Model, Grover S. Kearns, Katherine J. Barker

Annual ADFSL Conference on Digital Forensics, Security and Law

Despite increased attention to internal controls and risk assessment, traditional audit approaches do not seem to be highly effective in uncovering the majority of frauds. Less than 20 percent of all occupational frauds are uncovered by auditors. Forensic accounting has recognized the need for automated approaches to fraud analysis yet research has not examined the benefits of forensic continuous auditing as a method to detect and deter corporate fraud. The purpose of this paper is to show how such an approach is possible. A model is presented that supports the acceptance of forensic continuous auditing by auditors and management as …

Development Of A Distributed Print‐Out Monitoring System For Efficient Forensic Investigation, Satoshi Kai, Tetsutaro Uehara

Annual ADFSL Conference on Digital Forensics, Security and Law

If information leakage occurs, an investigator is instructed to specify what documents were leaked and who leaked them. In the present work, a distributed print-out monitoring system—which consists of a virtual printer driver and print-out policy/log management servers—was developed. For easily matching the discovered (i.e., leaked) paper document with the print-out log, the virtual printer driver acquires full-text of printed-out documents by DDI hooking technique to check the content, transforms a spool file to a picture file and creates both a thumbnail and text log for forensic investigation afterwards. The log size is as only about 0.04 times bigger than …

Mac Os X Forensics: Password Discovery, David Primeaux, Robert Dahlberg, Kamnab Keo, Stephen Larson, B. Pennell, K. Sherman

Annual ADFSL Conference on Digital Forensics, Security and Law

OS X provides a password-rich environment in which passwords protect OS X resources and perhaps many other resources accessed through OS X. Every password an investigator discovers in an OS X environment has the potential for use in discovering other such passwords, and any discovered passwords may also be useful in other aspects of an investigation, not directly related to the OS X environment. This research advises the use of multiple attack vectors in approaching the password problem in an OS X system, including the more generally applicable non-OS X-specific techniques such as social engineering or well-known password cracking techniques …

Software Piracy Forensics: Impact And Implications Of Post‐Piracy Modifications, Vinod Bhattathiripad, S. Santhosh Baboo

Annual ADFSL Conference on Digital Forensics, Security and Law

Piracy is potentially possible at any stage of the lifetime of the software. In a post-piracy situation, however, the growth of the respective versions of the software (both the original and pirated) is expected to be in different directions as a result of expectedly different implementation strategies. This paper shows how such post-piracy modifications are of special interest to a cyber crime expert investigating software piracy and suggests that the present software piracy forensic (or software copyright infringement investigation) approaches require amendments to take in such modifications. For this purpose, the paper also presents a format that is jargon-free, so …

Understanding Issues In Cloud Forensics: Two Hypothetical Case Studies, Josiah Dykstra, Alan T. Sherman

Annual ADFSL Conference on Digital Forensics, Security and Law

The inevitable vulnerabilities and criminal targeting of cloud environments demand an understanding of how digital forensic investigations of the cloud can be accomplished. We present two hypothetical case studies of cloud crimes; child pornography being hosted in the cloud, and a compromised cloudbased website. Our cases highlight shortcomings of current forensic practices and laws. We describe significant challenges with cloud forensics, including forensic acquisition, evidence preservation and chain of custody, and open problems for continued research.

Keywords: Cloud computing, cloud forensics, digital forensics, case studies

A Practitioners Guide To The Forensic Investigation Of Xbox 360 Gaming Consoles, Ashley L. Podhradsky, Rob D’Ovidio, Cindy Casey

Annual ADFSL Conference on Digital Forensics, Security and Law

Given the ubiquitous nature of computing, individuals now have nearly 24-7 access to the internet. People are not just going online through traditional means with a PC anymore, they are now frequently using nontraditional devices such as cell phones, smart phones, and gaming consoles. Given the increased use of gaming consoles for online access, there is also an increased use of gaming consoles to commit criminal activity. The digital forensic community has been tasked with creating new approaches for forensically analyzing gaming consoles. In this research paper the authors demonstrate different tools, both commercial and open source, available to forensically …

Sampling: Making Electronic Discovery More Cost Effective, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

With the huge volumes of electronic data subject to discovery in virtually every instance of litigation, time and costs of conducting discovery have become exceedingly important when litigants plan their discovery strategies. Rather than incurring the costs of having lawyers review every document produced in response to a discovery request in search of relevant evidence, a cost effective strategy for document review planning is to use statistical sampling of the database of documents to determine the likelihood of finding relevant evidence by reviewing additional documents. This paper reviews and discusses how sampling can be used to make document review more …

Digital Forensics And The Law, Karon N. Murff, Hugh E. Gardenier, Martha L. Gardenier

Annual ADFSL Conference on Digital Forensics, Security and Law

As computers and digital devices become more entrenched in our way of life, they become tools for both good and nefarious purposes. When the digital world collides with the legal world, a vast chasm is created. This paper will reflect how the legal community is failing to meet its obligation to provide adequate representation due to a lack of education about digital (computer) forensics. Whether in a civil litigation setting or a criminal setting, attorneys, prosecutors and judges have inadequate knowledge when it comes to the important questions they need to ask regarding digital evidence. Reliance on expert witnesses is …

Analyzing Sexual Expression: Marriage, Prostitution, And The Law, Leah Christiani

Honors Scholar Theses

Marriage and prostitution laws solidify and propagate norms about sexual expression. Marriage law functions positively to dictate the kind of expression that is acceptable, normal, and natural while prostitution law frames the illegal, deviant, and unnatural. The legal benefits offered to those who marry function as an endorsement of a particular type of sexual expression: monogamous, faithful, loving, long term, and procreative. Equally, the criminalization of prostitution solidifies norms about the wrong, illegal unnatural kind of sexual expression; one focused on pleasure and money, not monogamy, fidelity, love, or procreation. These valuations of sexual expression solidified by the law impact …

An Analysis Of The Handwriting Of Elderly Chinese Subjects., Dongfang Liu

Electronic Theses and Dissertations

Nowadays, one of the issues of concern that brought on by the aging population is legal disputes that have been increasing in number every year. One core problem in these legal disputes involves handwriting identification. There are however not many previous studies in China that have been concentrated on this field. Hence, the study on elderly Chinese subjects' handwriting has an extremely broad potential value for its application for academic usage and practical meaning. This study uses an empirical technique, gathering first hand data and analysing them by employing proper methods. There are 7 handwriting features and characteristics that have …

Can Routine Activities Theory Be Applied To Explain White Collar Crime? A Crime-Specific Analysis Using Reverse Redlining, Jory A. Maes

Regis University Student Publications (comprehensive collection)

Scholars have examined white collar crime through lenses of classical criminological theories such as: anomie theory, learning/differential association, rational choice/opportunity, strain, and social control theory. Little research has been done using Routine Activities Theory to analyze white collar crime. The author's intention is to offer one example of how Routine Activities Theory can be applied to explain the contextual significance of a white collar crime. The research methodology utilized is centered upon reverse redlining, a predatory lending practice. The research models the application of Routine Activities Theory which is seated in the idea that crime emerges when there is a …

Victims Of Identity Theft: Can Existing Victim Assets Mitigate The Emotional And Psychological Impact, Carolyn M. Billecci

Regis University Student Publications (comprehensive collection)

Since Sutherland coined the phrase "white-collar crime" in 1939 during his address to the American Sociological Society (Barnett, n.d.), an array of crimes now fall under that heading. In particular, the crime of identity theft is an area of great concern and the subject of this study. The first identified task in this study was to achieve an understanding of what has been learned thus far about the emotional impact of identity theft on victims. The second resided in seeking to understand if a correlation exist between assets and income, and the emotional impact felt by identity theft victims. The …