Legal Studies Commons^™

Making Sense Of Email Addresses On Drives, Neil C. Rowe, Riqui Schwamm, Michael R. Mccarrin, Ralucca Gera

Journal of Digital Forensics, Security and Law

Drives found during investigations often have useful information in the form of email addresses which can be acquired by search in the raw drive data independent of the file system. Using this data we can build a picture of the social networks that a drive owner participated in, even perhaps better than investigating their online profiles maintained by social-networking services because drives contain much data that users have not approved for public display. However, many addresses found on drives are not forensically interesting, such as sales and support links. We developed a program to filter these out using a Naïve …

Countering Noise-Based Splicing Detection Using Noise Density Transfer, Thibault Julliand, Vincent Nozick, Hugues Talbot

Journal of Digital Forensics, Security and Law

Image splicing is a common and widespread type of manipulation, which is defined as pasting a portion of an image onto a second image. Several forensic methods have been developed to detect splicing, using various image properties. Some of these methods exploit the noise statistics of the image to try and find discrepancies. In this paper, we propose a new counter-forensic approach to eliminate the noise differences that can appear in a spliced image. This approach can also be used when creating computer graphics images, in order to endow them with a realistic noise. This is performed by changing the …

Evidential Reasoning For Forensic Readiness, Yi-Ching Liao, Hanno Langweg

Journal of Digital Forensics, Security and Law

To learn from the past, we analyse 1,088 "computer as a target" judgements for evidential reasoning by extracting four case elements: decision, intent, fact, and evidence. Analysing the decision element is essential for studying the scale of sentence severity for cross-jurisdictional comparisons. Examining the intent element can facilitate future risk assessment. Analysing the fact element can enhance an organization's capability of analysing criminal activities for future offender profiling. Examining the evidence used against a defendant from previous judgements can facilitate the preparation of evidence for upcoming legal disclosure. Follow the concepts of argumentation diagrams, we develop an automatic judgement summarizing …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Electronic Voting Service Using Block-Chain, Kibin Lee, Joshua I. James, Tekachew G. Ejeta, Hyoung J. Kim

Journal of Digital Forensics, Security and Law

Cryptocurrency, and its underlying technologies, has been gaining popularity for transaction management beyond financial transactions. Transaction information is maintained in the block-chain, which can be used to audit the integrity of the transaction. The focus on this paper is the potential availability of block-chain technology of other transactional uses. Block-chain is one of the most stable open ledgers that preserves transaction information, and is difficult to forge. Since the information stored in block-chain is not related to personally identify information, it has the characteristics of anonymity. Also, the block-chain allows for transparent transaction verification since all information in the block-chain …

The Socio-Legal Construction Of Adolescent Criminality: Examining Race, Community, And Contextual Factors Through The Lens Of Focal Concerns, Patrick Glen Lowery

Theses and Dissertations

The first American juvenile court opened in 1899, with the understanding that children and adults are fundamentally different, and as such, should be treated differently by the law. Less than 50 years later, every state within the United States had developed a separate juvenile justice system, along with the adoption of many significant statutes that made the juvenile court markedly different from the adult criminal court. Over time, however, dissatisfaction with numerous inadequacies in the juvenile court led to the “due process revolution” of the 1960’s and 1970’s. The legal and philosophical changes made during this time were not long …

The Impact Of Deinstitutionalization On Murders Of Law Enforcement Officers, Xueyi Xing

Theses and Dissertations

Occupational risk of violent victimization is a serious concern for law enforcement officers. However, there have been virtually no studies that examined the relationship between the incidence of police officer homicide victimization and the deinstitutionalization movement during which large number of persons with mental illness were released back into communities, often without adequate support systems. Research has shown that persons with certain types of mental illness have a greater propensity for violent behavior if they fail to take prescribed medications and/or abuse illicit substances. Since police are most often the first responders to persons with mental illness in crisis, increases …

Exploring Deviant Hacker Networks (Dhn) On Social Media Platforms, Samer Al-Kateeb, Kevin Conlan, Nitin Agarwal, Ibrahim Baggili, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

Online Social Networks (OSNs) have grown exponentially over the past decade. The initial use of social media for benign purposes (e.g., to socialize with friends, browse pictures and photographs, and communicate with family members overseas) has now transitioned to include malicious activities (e.g., cybercrime, cyberterrorism, and cyberwarfare). These nefarious uses of OSNs poses a signi_cant threat to society, and thus requires research attention. In this exploratory work, we study activities of one deviant groups: hacker groups on social media, which we term Deviant Hacker Networks (DHN). We investigated the connection between different DHNs on Twitter: how they are connected, identified …

Towards Syntactic Approximate Matching-A Pre-Processing Experiment, Doowon Jeong, Frank Breitinger, Hari Kang, Sangjin Lee

Electrical & Computer Engineering and Computer Science Faculty Publications

Over the past few years, the popularity of approximate matching algorithms (a.k.a. fuzzy hashing) has increased. Especially within the area of bytewise approximate matching, several algorithms were published, tested, and improved. It has been shown that these algorithms are powerful, however they are sometimes too precise for real world investigations. That is, even very small commonalities (e.g., in the header of a file) can cause a match. While this is a desired property, it may also lead to unwanted results. In this paper, we show that by using simple pre-processing, we significantly can influence the outcome. Although our test set …

Find Me If You Can: Mobile Gps Mapping Applications Forensic Analysis & Snavp The Open Source, Modular, Extensible Parser, Jason Moore, Ibrahim Baggili, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

The use of smartphones as navigation devices has become more prevalent. The ubiquity of hand-held navigation devices such as Garmins or Toms Toms has been falling whereas the ownership of smartphones and their adoption as GPS devices is growing. This work provides a comprehensive study of the most popular smartphone mapping applications, namely Google Maps, Apple Maps, Waze, MapQuest, Bing, and Scout, on both Android and iOS. It details what data was found, where it was found, and how it was acquired for each application. Based on the findings, the work allowed for the construction of a tool capable of …

Neuroscience And Behavioral Genetics In Us Criminal Law: An Empirical Analysis, Nita A. Farahany

Faculty Scholarship

The goal of this study was to examine the growing use of neurological and behavioral genetic evidence by criminal defendants in US criminal law. Judicial opinions issued between 2005–12 that discussed the use of neuroscience or behavioral genetics by criminal defendants were identified, coded and analysed. Yet, criminal defendants are increasingly introducing such evidence to challenge defendants’ competency, the effectiveness of defense counsel at trial, and to mitigate punishment.

One Last Word On The Blackstone Principle, Daniel Epps

Scholarship@WashULaw

In "The Consequences of Error in Criminal Justice," I analyzed and critiqued the "Blackstone principle" — shorthand for the common intuition that a criminal justice system should strive to minimize false convictions, even at the expense of creating more false acquittals and more total errors overall. Joel Johnson's "Benefits of Error in Criminal Justice" is a thoughtful and well-crafted response to my article. In this short reply, I offer some thoughts on Johnson’s arguments, while also addressing two other recent responses by Laura Appleman and by John Bronsteen and Jonathan Masur. While I use this opportunity to clarify and defend …

Perceptions Of Stalking: The Influence Of Perpetrator Mental Disorder Diagnosis, Target-Perpetrator Gender, And Perpetrator Persistence, Ebonnie Landwehr

Theses: Doctorates and Masters

Stalking is a complex phenomenon that results in significant harm to victims. For this reason, it is vital that knowledge and understanding of the behaviour be continually advanced. The aim of the present study was to investigate the influence of perpetrator mental disorder diagnosis, target-perpetrator gender, and persistence on perceptions of stalking. Although psychiatric diagnoses are prevalent among clinical stalker populations, little is known about how the presence of a perpetrator mental disorder may influence perceptions of stalking. Both target-perpetrator gender and persistence have been found to have an effect on perceptions of stalking, however it is not understood if …

Written Plans And Self-Evaluations In Investigative Interviews With Witnesses, Jane Tudor-Owen

Theses: Doctorates and Masters

The PEACE model of investigative interviewing (Preparation and planning; Engage and explain; Account, clarification, and challenge [Account]; Closure; and Evaluation), has been in operation internationally since the early 1990s when it was introduced in England and Wales. The model is in operation in a number of Australian jurisdictions, including Western Australia (WA), where it was formally incorporated into interview training in 2009. While there have been a number of evaluations of the PEACE model, they have predominantly focused on the interview stages of the model; that is, Engage and explain, Account, and Closure. By comparison, the Preparation and planning and …

Do Law Schools Adequately Prepare Students For Practice? Surveys Say . . . No!, Robert R. Kuehn

Scholarship@WashULaw

There has been much concern over declining bar passage rates, focusing attention on whether some schools are admitting students who may not be capable of passing the bar exam and whether a school’s program of legal education adequately prepares its graduates for the exam. But if studies of practicing lawyers and recent law graduates matter, it is clear that law schools are also failing in their primary mission to adequately prepare students for legal practice.

This paper examines studies by the National Conference of Bar Examiners, the Institute for the Advancement of the American Legal System, and the American Bar …

Taking Bankruptcy Rights Seriously, Rafael I. Pardo

Scholarship@WashULaw

Perhaps more so than any other area of law affecting individuals of low-to-moderate means, bankruptcy poignantly presents an affordability paradox: The system’s purpose is to relieve individuals from financial distress, yet it simultaneously demands a significant commitment of resources to obtain such relief. To date, no one has undertaken a comprehensive study of the complexities and costs of the litigation burden that Congress has imposed on self-represented debtors who seek a fresh start in bankruptcy. In order to explore the problems inherent in a system that sometimes necessitates litigation as the path for vindicating a debtor’s statutory right to a …

The Business Of Treaties, Melissa (M.J.) Durkee

Scholarship@WashULaw

Business entities play important and underappreciated roles in the production of international treaties. At the same time, international treaty law is hobbled by state- centric presumptions that render its response to business ad hoc and unprincipled.

This Article makes three principal contributions. First, it draws from case studies to demonstrate the significance of business participation in treaty production. The descriptive account invites a shift from attention to traditional lobbying at the domestic level and private standard-setting at the transnational level to the ways business entities have become autonomous international actors, using a panoply of means to transform their preferred policies …

Big Data And The Future For Privacy, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

In our inevitable big data future, critics and skeptics argue that privacy will have no place. We disagree. When properly understood, privacy rules will be an essential and valuable part of our digital future, especially if we wish to retain the human values on which our political, social, and economic institutions have been built. In this paper, we make three simple points. First, we need to think differently about "privacy." Privacy is not merely about keeping secrets, but about the rules we use to regulate information, which is and always has been in intermediate states between totally secret and known …

The Atlantic Divide On Privacy And Speech, Neil M. Richards, Kirsty Hughes

Scholarship@WashULaw

When does a right to privacy become a right of censorship? Conversely when does freedom of speech become a carte blanche to violate the dignity and autonomy of others? Discussions of privacy throughout the world frequently boil down to these questions. Despite the parallel relationships between privacy and speech in the United Kingdom and America, and despite their shared legal heritage, the two legal systems have struck the balance in radically different ways. In the United States, decisions balancing privacy and the First Amendment have invariably favoured the free speech interest, at least where a press defendant published lawfully-obtained “newsworthy” …

Taking Trust Seriously In Privacy Law, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Trust is beautiful. The willingness to accept vulnerability to the actions of others is the essential ingredient for friendship, commerce, transportation, and virtually every other activity that involves other people. It allows us to build things, and it allows us to grow. Trust is everywhere, but particularly at the core of the information relationships that have come to characterize our modern, digital lives. Relationships between people and their ISPs, social networks, and hired professionals are typically understood in terms of privacy. But the way we have talked about privacy has a pessimism problem – privacy is conceptualized in negative terms, …

Law, Religion, And The Purpose Of The University, John D. Inazu

Scholarship@WashULaw

This brief essay explores the relationship between law, religion, and the university. Religion asks the fundamental questions of human existence. Law is the means through which we impose our beliefs on our fellow citizens. The particulars of law and religion expose the differences among us. We respond to those differences with chaos, control, or coexistence. Coexistence requires tolerance, humility, and patience, and it requires institutions to habituate these practices within us. It is not clear that this country presently has such institutions, but if we are discover them among us, the university is one possible contender. The people, place, and …

Recalibrating The Scales Of Municipal Court Justice In Missouri: A Dissenter’S View, Kimberly Jade Norwood

Scholarship@WashULaw

This Article examines the inefficiencies of Missouri municipal courts that came into sharp focus following the killing of Michael Brown by Officer Darren Wilson in Ferguson, Missouri. Norwood details and expands on her lone dissent in the Final Report of the Municipal Division Work Group—a group created by the Missouri Supreme Court to address the alleged abuses of black and poor residents in Missouri. Norwood argues for consolidating failing municipal courts to create larger, more functional, and just courts.

Why The Supreme Court Might Not Overrule Seminole Rock, Conor Clarke

Scholarship@WashULaw

Predictions are hard, especially about the future. It’s much safer to hide behind a broad trend: There was a time, just a couple of years ago, when it seemed like Auer and Seminole Rock were not long for this world. Auer’s author, Justice Scalia, turned his back on the doctrine. The tide of scholarly opinion—led by former Scalia clerk John Manning—seemed to rise comfortably, almost casually, in opposition to Auer. Fueled by a few encouraging concurrences, cases percolated through the federal courts that seemed to provide a ripe opportunity for review.

But no longer. The Court reaffirmed Auer last year. …

Criminal Labor Law, Benjamin Levin

Scholarship@WashULaw

This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …

The Impact Of Cognitive Map Quality And Expert Testimony On Juror Decisions And Perceived Credibility Of Eyewitnesses, Justin Parker Simmons

Dissertations and Theses @ UNI

An eyewitness to a crime is often asked to create a hand drawn psychological map of the crime scene in terms of the placement of buildings, people, and other objects. Psychological maps, also referred to as “sketch maps,” are a physical representation of one’s mental map of a particular location. Sketch maps are often submitted as evidence and presented to jury members during trial. Information from these maps can be used to provide information such as entrance and exit into the crime scene by the perpetrator, relative distance between eyewitness and perpetrator, and other information critical to jurors’ evaluations of …

A Morphometric Study Of The Human Mandible In The Indian Population For Sex Determination, Maneesha Sharma, Rakesh K. Gorea, Arshdeep Gorea, Abdulwahab A. Abuderman

Research outputs 2014 to 2021

Sex determination from bones is important in forensic investigations for establishing identity in cases of mutilated bodies. Many morphometric criteria have been laid down for various bones for sex determination in previous studies. The present study aimed at setting up some parameters of the mandible as indicators of sex in the Indian population. The length of body of the mandible, angle of the mandible and minimum ramus breadth were considered as chief parameters for sex determination from dried bones obtained from the Departments of Anatomy in two medical colleges of Punjab and Chandigarh. There was a statistically significant difference found …

The Influence Of The Sex Of And Prior Relationship Between The Perpetrator And Victim On Perceptions Of Stalking: A Qualitative Analysis, Jeff Bath, Adrian J. Scott

Research outputs 2014 to 2021

The sex of and prior relationship between the perpetrator and victim have been shown to influence perceptions of stalking. To explore the ways in which shared assumptions around these factors interact to shape perceptions of stalking, this study analyses the deliberations of mock juries as they attempt to reach a unanimous verdict on a hypothetical stalking case summary. Twelve mock juries comprising between five and six ‘jurors’ (n = 64) were presented with one of three versions of a case summary (stranger, acquaintance, and ex-partner) describing a man stalking a woman or a woman stalking a man. Thematic analysis shows …

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …

Investigative Inadequacies Or Investigative Corruption? Exploring The Role Of Police Misconduct Within Canadian Wrongful Conviction Cases, Michelle L. Lovegrove

Theses and Dissertations (Comprehensive)

The phenomenon of wrongful convictions has begun to attract the attention of the public and scholars alike within the past few decades. However, despite this recent fixation the issue of wrongful convictions is not new, as research on the subject dates back to 1932 with the work of Edwin Borchard. Most of the research on the subject of wrongful convictions has focused largely on identifying the factors that contribute to these injustices. For the most part academics are in agreement when it comes to the causes of wrongful convictions, which include, eyewitness misidentification, false confessions, police & prosecutor misconduct, use …