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Full-Text Articles in Legal Studies

An Empirical Comparison Of Widely Adopted Hash Functions In Digital Forensics: Does The Programming Language And Operating System Make A Difference?, Satyendra Gurjar, Ibrahim Baggili, Frank Breitinger, Alice Fischer May 2015

An Empirical Comparison Of Widely Adopted Hash Functions In Digital Forensics: Does The Programming Language And Operating System Make A Difference?, Satyendra Gurjar, Ibrahim Baggili, Frank Breitinger, Alice Fischer

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are widespread in computer sciences and have a wide range of applications such as ensuring integrity in cryptographic protocols, structuring database entries (hash tables) or identifying known files in forensic investigations. Besides their cryptographic requirements, a fundamental property of hash functions is efficient and easy computation which is especially important in digital forensics due to the large amount of data that needs to be processed when working on cases. In this paper, we correlate the runtime efficiency of common hashing algorithms (MD5, SHA-family) and their implementation. Our empirical comparison focuses on C-OpenSSL, Python, Ruby, Java on Windows and …


Two Challenges Of Stealthy Hypervisors Detection: Time Cheating And Data Fluctuations, Igor Korkin May 2015

Two Challenges Of Stealthy Hypervisors Detection: Time Cheating And Data Fluctuations, Igor Korkin

Annual ADFSL Conference on Digital Forensics, Security and Law

Hardware virtualization technologies play a significant role in cyber security. On the one hand these technologies enhance security levels, by designing a trusted operating system. On the other hand these technologies can be taken up into modern malware which is rather hard to detect. None of the existing methods is able to efficiently detect a hypervisor in the face of countermeasures such as time cheating, temporary self-uninstalling, memory hiding etc. New hypervisor detection methods which will be described in this paper can detect a hypervisor under these countermeasures and even count several nested ones. These novel approaches rely on the …


Corrections Reform In Kosovo: A Qualitative Study Of Canadian Corrections Advisers’ Experiences In A Post-Conflict Environment, Danielle Murdoch May 2015

Corrections Reform In Kosovo: A Qualitative Study Of Canadian Corrections Advisers’ Experiences In A Post-Conflict Environment, Danielle Murdoch

Criminal Justice Faculty Publications and Presentations

This case study of corrections reform in Kosovo contributes to the growing academic literature on corrections reform during peacebuilding missions in post-conflict environments. Fourteen Canadian corrections advisers who were deployed to Kosovo between 1999 and 2006 were interviewed about the dynamics and challenges they experienced abroad. Interview transcripts were coded and analysed using NVivo10. Five key themes emerged from the data: the importance of understanding the local context; the prevalence of corruption; the lack of attention and resources devoted to corrections reform in post-conflict Kosovo; the challenges of providing safe and secure confinement for prisoners detained in facilities staffed by …


Institutionalized Racism And The Death Penalty, Ashleigh Ellis May 2015

Institutionalized Racism And The Death Penalty, Ashleigh Ellis

Student Scholar Symposium Abstracts and Posters

Overtime, support for capital punishment has evolved. Compared to previous decades, support has changed amongst different variables such as: age, race, gender, and political perspective; therefore, today, these variables have changed the amount of support for it. For example, as of today, 6 states have repealed the death penalty with New Jersey being the first in 2007 to do so in 40 years. As memories of Jim Crow and the Civil Rights era have faded due to generational replacement, American society today still has this racial gap, however it is due to this racial resentment or symbolic resentment that the …


Indigenous Land Rights Of The Khoi In South Africa, Chelsea Wilkins May 2015

Indigenous Land Rights Of The Khoi In South Africa, Chelsea Wilkins

Senior Honors Projects, 2010-2019

Upon discussions in classes at James Madison University, I became aware of the Khoi people. I became interested in their way of life, as well as the implications of globalization and industrialization worldwide. After researching the topic, I decided I wanted to not only write my thesis on this topic, but I wanted to travel to South Africa to learn more. I wanted to know how a refreshment station at the Cape for the Dutch East India Company transformed into a fight for land that ultimately led to the extreme disenfranchisement of the Khoi people and their way of life. …


Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri May 2015

Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri

Law School Blogs

No abstract provided.


Guilty By Reason Of Insanity: Unforeseen Consequences Of California's Deinstitutionalization Policy, Jen Rushforth May 2015

Guilty By Reason Of Insanity: Unforeseen Consequences Of California's Deinstitutionalization Policy, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

Beginning with the passage of the Lanterman-Petris- Short Act in 1969, deinstitutionalization in California has had a devastating effect on the mentally ill. Instead of affording the mentally ill with more rights and protections, the process of shutting down state psychiatric hospitals and impeding psychiatric care for those in need caused a cascade effect leading to an increase of homelessness and incarceration. Over the past four decades, prisons and jails in California have become the de facto state mental hospitals, with severely mentally ill individuals having nearly a four-to-one chance of ending up in jail or prison over a psychiatric …


The Surveillance State: Do License Plate Readers Impinge Upon Americans' Civil Liberties?, Jourdin Hermann May 2015

The Surveillance State: Do License Plate Readers Impinge Upon Americans' Civil Liberties?, Jourdin Hermann

Themis: Research Journal of Justice Studies and Forensic Science

The boundaries that delineate public from private sphere have challenged our political system’s foundations since its origination. License plate readers (LPRs), a tool used by law enforcement and private businesses, cause citizens and their government to question the criteria separating public and private information. While police and repossession agencies contend that license plate readers aid their work, the American Civil Liberties Union (ACLU) argues that surveillance equipment interferes with an individual’s right to privacy. Addressing such privacy concerns requires the public to hold its government accountable by petitioning for limits on LPR use and data retention. LPRs also pose unique …


Justice Reform: Who's Got The Power, Yevgeniy Mayba May 2015

Justice Reform: Who's Got The Power, Yevgeniy Mayba

Themis: Research Journal of Justice Studies and Forensic Science

As the US prison population continues to rise despite the significant decrease in crime rates, scholars and social activists are demanding comprehensive reforms to the penal system that disproportionately affects minorities and the poor and has become a significant burden on the taxpayers. This paper examines some of the processes that contributed to the rise of the modern day carceral state, such as the determinate sentencing reform and the proliferation of mandatory minimum sentencing. It also explores the unintended consequences of these penal developments and traces the reaction and subsequent resistance to these sentencing schemes from the judiciary, as well …


There Goes The Neighborhood: Exposing The Relationship Between Gentrification And Incarceration, Casey Kellogg May 2015

There Goes The Neighborhood: Exposing The Relationship Between Gentrification And Incarceration, Casey Kellogg

Themis: Research Journal of Justice Studies and Forensic Science

This paper seeks to demonstrate that there is a deliberate and intentional link between residential housing patterns and crime and mass incarceration, and that government plays a strong role in allowing and formalizing this link. Using historical examples, this paper attempts to document the role of government and policy in furthering residential segregation through the processes of gentrification and disinvestment. By contributing to the destruction of low-income communities and the invasion of gentry through covert partnerships with the private sector to develop land and design cities, government has prioritized commercial interests over the needs of the community at all income …


The Use Of Criminal Profilers In The Prosecution Of Serial Killers, Chelsea Van Aken May 2015

The Use Of Criminal Profilers In The Prosecution Of Serial Killers, Chelsea Van Aken

Themis: Research Journal of Justice Studies and Forensic Science

The purpose of this paper is to analyze the concept of criminal profiling in terms of serial killers in the United States. The research provided in this paper was found using the most recent research available on the topic. The FBI’s Behavioral Unit, or National Center for the Analysis of Violent Crime (NCAVC), is the current leading law enforcement agency that investigates these types of crimes. They utilize definitions, typographies, and motives to create a criminal profile to investigate serial killings. Ultimately, these profiles are inadequate because they are inconclusive and exclude multiple suspects that are potentially dangerous. Therefore, criminal …


Diagnosis Of Cyber And Nonphysical Bullying Victimization: A Routine Activities Approach To Constructing Effective Preventive Measures, Kevin J. Earl May 2015

Diagnosis Of Cyber And Nonphysical Bullying Victimization: A Routine Activities Approach To Constructing Effective Preventive Measures, Kevin J. Earl

Master’s Theses and Projects

Youths can experience bullying victimization through many sources. Technology and social networking sites have provided another source in which youths can experience bullying victimization, commonly called "cyber-bullying" (Hinduja and Patchin, 2009). The purpose of this study is to apply Routine Activities Theory (Cohen and Felson, 1979) as a main theoretical framework to examine cyber and nonphysical bullying victimization. Nonphysical bullying victimization refers to having been made fun of, called names, having had rumors spread, been threatened, pushed/shoved/tripped, etc., forced to do unwanted things, excluded, or having had property destroyed. Data were derived from the 2013 school crime supplement of NCVS, …


From The Warehouse To The Deathbed: Challenging The Conditions Of Mass Death In Prison, Ernest K. Chavez May 2015

From The Warehouse To The Deathbed: Challenging The Conditions Of Mass Death In Prison, Ernest K. Chavez

Themis: Research Journal of Justice Studies and Forensic Science

The purpose of this project is to analyze the crisis of mass incarceration by placing the conditions faced by elderly, terminally ill, and dying prisoners, as its main point of focus. Much of this crisis was built through post-1970s American penal policies which set in place tough sentencing laws, increased prosecutorial power, and ultimately, led to a significant growth in the prisoner population. Today, elderly and terminally ill prisoners make up the fastest growing population inside of prisons. Few of these prisoners are approved for early release, and instead die while incarcerated. This has resulted in a condition of mass …


The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge May 2015

The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge

Themis: Research Journal of Justice Studies and Forensic Science

The “CSI Effect” was first described in the media as a phenomenon resulting from viewing forensic and crime based television shows. This effect influences jurors to have unrealistic expectations of forensic science during a criminal trial and affect jurors’ decisions in the conviction or acquittal process. Research has shown the “CSI Effect” has a possible pro-defense bias, in that jurors are less likely to convict without the presence of some sort of forensic evidence. Some studies show actors in the criminal justice system are changing their tactics, as if this effect has a significant influence, causing them to request unnecessary …


Reducing Contamination In Forensic Science, Carly Balk May 2015

Reducing Contamination In Forensic Science, Carly Balk

Themis: Research Journal of Justice Studies and Forensic Science

The sensitivity of modern forensic techniques has drastically increased, with sensitive technology detecting even the smallest traces of DNA evidence left behind. This has made it possible to detect DNA profiles deposited through contamination. When DNA contamination occurs in forensic science, it has the potential to change the outcome of a criminal investigation and may have significant social and financial repercussions. A compilation of global research shows that DNA evidence transfer can occur during forensic product manufacturing, the fingerprinting process, or even autopsy and crime lab examinations. These vital areas of the forensic investigation are vulnerable to contamination, and national …


Did They Ever Stand A Chance? Understanding Police Interrogations Of Juveniles, Brian Werner May 2015

Did They Ever Stand A Chance? Understanding Police Interrogations Of Juveniles, Brian Werner

Themis: Research Journal of Justice Studies and Forensic Science

The Miranda v. Arizona (1966) decision was a pivotal case in the United States. It afforded rights to suspects and defendants against self-incrimination and representation during police interrogations. Miranda ensured police read individuals in custody their rights before interrogations. However, what happens when individuals being read their rights do not fully comprehend the significance of what the police are telling them, whether it is because of lack of comprehension due to brain development, or susceptibility to the influence of those questioning them? The courts have examined these direct issues when it comes to “voluntary” confessions made by juveniles. Several cases …


Hostage Negotiations In Lieu Of Armed Assault, William A. Merkle May 2015

Hostage Negotiations In Lieu Of Armed Assault, William A. Merkle

Senior Theses

The failed attempt to rescue hostages during the 1972 Olympics in Munich Germany led to the unnecessary and terrible loss of lives of both hostages and captors. Ever since then, great efforts have been undertaken by law enforcement professionals and researchers to develop clear protocols to help insure the safety of all involved parties. Negotiations, one tactic among several, represents a non-violent alternative to armed assault that can be used to obtain the safe release of hostages and the capture of unharmed hostage takers. Drawing on my forty year career experience in California Corrections, this paper argues for the power …


Measuring The Level Of University Student Knowledge On The U.S. Drug Policy And Harms Associated With Illicit Drug Use: A Replication Study, Ashley E. Williams May 2015

Measuring The Level Of University Student Knowledge On The U.S. Drug Policy And Harms Associated With Illicit Drug Use: A Replication Study, Ashley E. Williams

Undergraduate Honors Theses

The purpose of this thesis project is to measure the level of knowledge that university students have regarding state and national illicit drug classifications in the United States and associated penalties with these classifications, as well as the harms resulting from consuming illicit drugs. This particular study, which is to be conducted as a replication study to Higson’s campus-based study on the UK drug policy, focuses on a different campus population in regards to the U.S. drug policy. Replication studies such as these are beneficial to previous studies because such additional research will not only strengthen the findings and correct …


An Ethnographic Study Of Scrappers And Metal Thieves., Benjamin Fred Stickle May 2015

An Ethnographic Study Of Scrappers And Metal Thieves., Benjamin Fred Stickle

Electronic Theses and Dissertations

Metal theft is a crime that has significantly affected the U.S. in the last decade causing millions of dollars of damages and losses. However, little is known about its prevalence and harms to society. Moreover, even less is known about the individuals who are involved in metal theft. This lack of knowledge has hampered the ability of law enforcement, governments and individuals to prevent metal theft. The present study provides the first known qualitative examination of scrappers and metal thieves. Qualitative data is derived from participant observation and unstructured interviews with scrappers as well as metal thieves. The goals are …


Support Partners Of Registered Sex Offenders : Exploring Their Experiences, Identities, And Perceptions., David Patrick Connor May 2015

Support Partners Of Registered Sex Offenders : Exploring Their Experiences, Identities, And Perceptions., David Patrick Connor

Electronic Theses and Dissertations

Although it is widely recognized that many convicted criminal offenders experience considerable setbacks in communities that make their lives more arduous, registered sex offenders (RSOs) who live in American society arguably face more challenging impediments. As a result, ensuring their access to social support is especially salient. The notion that social support is particularly relevant to RSOs is perhaps best manifested through a common feature of community-based sex offender treatment programs, where participating RSOs are obligated to forge social relationships with primary support partners. These individuals are an important population to examine, as they purportedly play important roles with respect …


Judges' Perceptions Of Sex Offender Registration, Community Notification, And Residency Restrictions., Lauren Nicole Lennon May 2015

Judges' Perceptions Of Sex Offender Registration, Community Notification, And Residency Restrictions., Lauren Nicole Lennon

Electronic Theses and Dissertations

There is a meager amount of literature available on how criminal justice system actors perceive the range of sex offender registration and community notification (SORN) policies and their effectiveness, as well as sex offenders themselves. To date, only one study has been done on judges regarding their attitudes toward sexual offenders by Bumby and Maddox (1999). However, a study has not been completed in regard to judges’ perceptions of SORN and its efficacy in addition to their views on residency restrictions. The following study tries to expand the literature available and examines the perceptions of judges concerning SORN, residency restrictions, …


The Impact Of Victimization On The Disabled., Derek James Allen May 2015

The Impact Of Victimization On The Disabled., Derek James Allen

Electronic Theses and Dissertations

To date victimizations amongst the disabled has been researched, but the literature tends to group these victimizations amongst disabled as a whole. This research is also limited for this particular population and this review tries to outline, expand, and attempts to explain improvements for research by identifying the disabled into specific groups rather than all as one group. For example, individualizing policies and research for the blind specifically or any disability in an individualized approach. In the following an intensive online search of literature regarding different victimizations rates, types of disabilities and correlative victimizations, and the relationship these disabled individuals …


Intermittent White-Collar Offenders: Who They Are And How To Stop Them, Mark Edward Correia May 2015

Intermittent White-Collar Offenders: Who They Are And How To Stop Them, Mark Edward Correia

Criminal Justice

This paper examines intermittent white-collar offenders. Intermittent offenders represent the most dangerous of white-collar offenders as they are criminally dormant for years at a time and commit deviant acts when the opportunity presents itself. It is for this reason that they are classified as “opportunity seekers.” This paper will discuss previous white-collar crime research and assert that white-collar offenders are predisposed to crime. In addition, a modern definition for white-collar crime will be introduced. Following the analysis of the intermittent white-collar offender characteristics, real-world applications on how to dissuade offenders from participating in white-collar crime will be discussed. The onus …


Mathematics In Forensic Firearm Examination, Erin N. Zalewski May 2015

Mathematics In Forensic Firearm Examination, Erin N. Zalewski

Renée Crown University Honors Thesis Projects - All

Forensic Science encompasses many disciplines that employ the scientific method to examine, analyze, and interpret physical evidence in the courtroom. The discipline of Forensic Firearm Examination involves the examination and comparison of ballistic evidence components to determine if they came from the same source. In other words, firearm examiners are tasked with determining whether spent cartridge cases or bullets were fired through the same gun. Examination of ballistic evidence can involve the employment of automated matching systems, comparison microscopy, and mathematical analysis. The comparison microscope is the tool of the firearm examiner and allows for the simultaneous view of ballistic …


Afghan Narcoterrorism: The Problem, Its Origins, And Why International Law Enforcement Should Fight It, Steven Fantigrossi May 2015

Afghan Narcoterrorism: The Problem, Its Origins, And Why International Law Enforcement Should Fight It, Steven Fantigrossi

Renée Crown University Honors Thesis Projects - All

This paper provides insight into the issue of opium trafficking in Afghanistan. In 2014, despite U.S., Afghan, and international efforts since 2001, poppy-opium cultivation in Afghanistan reached an all-time high. The Afghan opium trafficking industry provides funding to terrorist groups and transnational crime organizations and is responsible for the continued corruption of government officials, police officers, and intelligence agents in Afghanistan, Pakistan, Iran, and other nations. Aside from increased corruption and funding of terrorists and criminals, the opium trade creates opium and heroin addicts out of men, women, and children across the globe. The history of how the opium problem …


Recession To Depression: A Critical Disambiguation Of The 2007/2008 Financial Crisis And A Model For New Age Securities Regulation, Christian Walters May 2015

Recession To Depression: A Critical Disambiguation Of The 2007/2008 Financial Crisis And A Model For New Age Securities Regulation, Christian Walters

HIM 1990-2015

During the late 2000s the United States economy was faced with the most traumatic event in United States financial history since the Great Depression. Large multibillion dollar corporations collapsed, families lost their life savings, and the United States economy stood on a precipice for total destruction. In the wake of the Financial Crisis, investment firms such as Merrill Lynch collapsed and their portfolios were sold to competitors for far lower than their estimated value (Sorkin). In 2008, the Financial Crisis impacted the working man the most. With foreclosures on the rise, an estimated 81.2% increase from the year before, average …


The Implications Of Federal And State Laws Regarding The Storage, Use, And Donation Of Cord Blood, Rebecca Miller May 2015

The Implications Of Federal And State Laws Regarding The Storage, Use, And Donation Of Cord Blood, Rebecca Miller

HIM 1990-2015

Cord blood storage, use, and donation is a rising trend. The cells found in the blood of the umbilical cord can be used to treat various life threatening diseases. It has been shown that the use of these cells can produce results that are just as effective as a bone marrow transfusion. The yield of cells from a sample of cord blood is not always enough to be effective for a transfusion in adults. As such children are the primary demographic for cord blood transfusions. For this reason, prospective parents are taking notice of the trend. Currently, federal and state …


A Solomon Like Decision: Factors In Determining Child Custody For Same Sex Couples In Florida After Dissolution Of A Relationship Or Marriage, Sydney Alexander May 2015

A Solomon Like Decision: Factors In Determining Child Custody For Same Sex Couples In Florida After Dissolution Of A Relationship Or Marriage, Sydney Alexander

HIM 1990-2015

Same sex couples around the nation have continually fought for their right to marry and in thirty-six states they have been given that right. What same-sex couples did not think to fight for was the right to divorce. There has been a considerable lack of focus on one such issue often left out of the public discourse over marriage equality: determining parental rights for the purposes of child custody/visitation in the context of a homosexual relationship that has broken down. The choice to have a child in a same-sex couple, with the exception of adoption, usually only allows for one …


Same-Sex Sexual Assault In The Military, Lauren Croft May 2015

Same-Sex Sexual Assault In The Military, Lauren Croft

HIM 1990-2015

Sexual assault in the military is a large concern for the Department of Defense. They recognize it as an important and complex problem that needs to be addressed. In recent years, efforts have been initiated in order to improve the handling of sexual assault cases and data retention. An entirely new program has been created in order to address these cases. Focusing on the occurrence of same-sex assaults heightens the sensitivity of matters. This is due to the precarious and only very recent acceptance of homosexuals in the military. In the past, service members, homosexual or otherwise, may have been …


Same-Sex Marriage: A Fundamental Right, Stefen Smith May 2015

Same-Sex Marriage: A Fundamental Right, Stefen Smith

HIM 1990-2015

Same-sex marriage is a subject that has been heavily discussed and argued since the concept of marriage came into existence. Marriage is a relationship that most American citizens are entitled to although it is not yet a fundamental right. As of a very recent court decision, Strawser v. Strange, Civil Action No. 14-0424-CG-C1 finalized on February 9, 2015, Alabama has legalized same-sex marriage; furthermore, thirty-seven states now recognize the legality of same-sex marriage. Marriage, whether it is between a heterosexual or a homosexual couple, should be a fundamental right enjoyed by all. This thesis will explain why same-sex marriage should …