Legal Studies Commons^™

Hate Speech And Double Standards, Thomas M. Keck

Political Science - All Scholarship

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands, they …

Human Trafficking: The Health Of Men Forced Into Labor Trafficking In The United States, Christina Omole

Walden Dissertations and Doctoral Studies

Human trafficking is a criminal act that occurs globally. It affects both women and men, but most studies have focused on female victims; few have explored trafficked men or their related health issues. Though there are many forms of trafficking, it is believed that most male victims are trafficked as forced labor. Using gender schema theory as a framework, this quantitative study examined archival data to identify the types of trafficking men are subjected to, their health ailments, and how these differ from the health ailments of trafficked women. Archival data from 124 individuals subjected to human trafficking in Florida …

The Use Of Minors In Material Support Of Terrorist Organizations, Teresa Maria Feliciano

Walden Dissertations and Doctoral Studies

Adult criminals' use of minors to commit crimes associated with the support of terrorist organizations is a significant problem in the United States. Despite strict laws prohibiting adult offenders from exploiting youth, these individuals aggressively pursue minors to commit crimes associated with the support of terrorist organizations. This quasi-experimental, cross-sectional study used resource dependency theory to explore the likelihood that adult criminal offenders in the U.S. will use minors for crimes that are associated with the support of terrorist organizations, based on crime typology, country of origin, and location of crime. Data were collected from a crime database maintained by …

Digital Forensics In Law Enforcement: A Needs Based Analysis Of Indiana Agencies, Teri A. Cummins Flory

Journal of Digital Forensics, Security and Law

Cyber crime is a growing problem, with the impact to society increasing exponentially, but the ability of local law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments have previously been conducted, and all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations, but very few have been completed recently. This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate crimes involving digital evidence, the availability of training for both law enforcement …

Verification Of Recovered Digital Evidence On The Amazon Kindle, Marcus Thompson, Raymond Hansen

Journal of Digital Forensics, Security and Law

The Amazon Kindle is a popular e-book reader. This popularity will lead criminals to use the Kindle as an accessory to their crime. Very few Kindle publications in the digital forensics domain exist at the time of this writing. Various blogs on the Internet currently provide some of the foundation for Kindle forensics. For this research each fifth generation Kindle was populated with various types of files a typical user may introduce using one method, the USB interface. The Kindle was forensically imaged with AccessData’s Forensic Toolkit Imager before and after each Kindle was populated. Each file was deleted through …

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 …

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.

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 …

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 …

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 …

Guns And Drugs, Benjamin Levin

Scholarship@WashULaw

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …

How Bayesian Are Judges?, Jack Knight, Mitu Gulati, David F. Levi

Faculty Scholarship

Richard Posner famously modeled judges as Bayesians in his book, How Judges Think? A key element of being Bayesian is that one constantly updates with new information. This model of the judge who is constantly learning and updating, particularly about local conditions, also is one of the reasons why the factual determinations of trial judges are given deference on appeal. But do judges in fact act like Bayesian updaters? Judicial evaluations of search warrant requests for probable cause provides an ideal setting to examine this question because the judges in this context have access to information on how well they …

Chaos Criminology: A Critical Inquiry, Adrienne Leigh Mccarthy

Online Theses and Dissertations

There has been a push since the early 1980’s for a paradigm shift in criminology from a Newtonian-based ontology to one of quantum physics. Primarily this effort has taken the form of integrating Chaos Theory into Criminology into what this thesis calls ‘Chaos Criminology’. However, with the melding of any two fields, terms and concepts need to be translated properly, which has yet to be done. In addition to proving a translation between fields, this thesis also uses a set of criteria to evaluate the effectiveness of the current use of Chaos Theory in Criminology. While the results of the …

Anonymity, Cybercrime, And The Connection To Cryptocurrency, Jesse D. Bray

Online Theses and Dissertations

Cybercrime currently poses a significant threat to the infrastructure of the United States. It can exploit vulnerabilities within the Critical Infrastructure or (CI) systems that are increasingly interconnected. Although the increased interconnectedness allows for easier and more efficient communication it creates vulnerabilities that did not exist ten years ago. A lack of a standardized definition of cybercrime has made it increasingly difficult to create policy that will allow for more efficient interagency cooperation and concrete laws regarding cybercrime. Cybercrime thrives on the anonymity of the Internet with the use of specific browsers, The Onion Router for example, to access information …

A Mediacentric Examination Of The Corporate Psychopath, Pamela Martha Brooks

Online Theses and Dissertations

The psychopathic personality disorder is an extraordinarily complex and multidimensional phenomenon. While its study has primarily focused on criminal and forensic populations, many researchers are broadening the scope of psychopathy research to include those in the corporate world. This, after striking similarities were revealed between the personalities of corporate leaders and clinically diagnosed psychopaths. One profession that may be attractive to psychopathic personalities is the media, specifically television and radio. This exploratory study utilized a blend of original and archival data. Calculated effect sizes were used to examine the existence of personality facets among three groups of media professionals and …

Carving A New Notch In The Bible Belt: Rescuing The Women Of Kentucky, Molly Dunn

Online Theses and Dissertations

In recent years, the trafficking of women and girls for sexual exploitation has become a major focus on the local, national, and global level. This is despite research, which has identified labor trafficking to be a significantly larger issue across the globe. The purpose of this research is to identify how human trafficking has come to be defined in Kentucky by examining how prominent local actors guide the state’s anti-trafficking movement. Through interactions with non-profit organizations, law enforcement, and concerned citizens, factors and forces that may shape the public’s conception of human trafficking were examined. While the stated goal of …

How Should The Law Think About Robots?, Neil M. Richards, William D. Smart

Scholarship@WashULaw

The robots are coming. We don’t mean this in a scary, apocalyptic way, like in The Terminator or Battlestar Galactica, or in a tongue-in-cheek way, like in the Flight of the Conchords song “The Humans are Dead.” What we mean is this: Robots and robotic technologies are now mature enough to leave the research lab and come to the consumer market in large numbers. These early technologies are just the start, and we might soon be witnessing a personal robotics revolution. These systems have the potential to revolutionize our daily lives and to transform our world in ways even more …

Representation On The Courts? The Effects Of Trial Judges' Sex And Race, Christina L. Boyd

Scholarship@WashULaw

Scholars have long sought to resolve whether and to what degree political actor diversity influences the outputs of political institutions like legislatures, administrative agencies, and courts. When it comes to the judiciary, diverse judges may greatly affect outcomes. Despite this potential, no consensus exists for whether judicial diversity affects behavior in trial courts -- i.e., the stage where the vast majority of litigants interact with the judicial branch. After addressing the research design limitations in previous trial court-diversity studies, the statistical results here indicate that a trial judge's sex and race have very large effects on his or her decision …

The Comparative Outputs Of Magistrate Judges, Christina L. Boyd

Scholarship@WashULaw

Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, intellectual-property rights, and personal-injury torts. The data indicate that magistrate judges are actively involved in civil cases, with as many as sixty-seven percent of cases having one or more magistrate judges serving in some role. These magistrate judges commonly preside over settlement conferences, decide discovery motions, issue reports and recommendations on dispositive motions, preside over status, management, and scheduling conferences, and …

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 …

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 …