Legal Studies Commons^™

Games Of Life And Death: The Judicial Uses Of Dice In Eighteenth And Nineteenth-Century Sweden, Per Binde

UNLV Gaming Research & Review Journal

Gambling studies should take a broad view of the field and consider activities that are not strictly gambling but similar to it, such as cleromancy and secular uses of drawing of lots, to give us perspective on societal and cultural aspects of gambling. This paper presents historical data on judicial uses of throwing dice in eighteenth and nineteenth-century Sweden. The focus is on cases of manslaughter with multiple perpetrators who were considered equally guilty and were forced by the criminal court to throw dice to determine who should be executed and who should receive lesser penalties. Three principles are distinguished …

Can Retributivism Be Saved?, Chad Flanders

BYU Law Review

Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …

Hot Zone Identification: Analyzing Effects Of Data Sampling On Spam Clustering, Rasib Khan, Mainul Mizan, Ragib Hasan, Alan Sprague

Annual ADFSL Conference on Digital Forensics, Security and Law

Email is the most common and comparatively the most efficient means of exchanging information in today's world. However, given the widespread use of emails in all sectors, they have been the target of spammers since the beginning. Filtering spam emails has now led to critical actions such as forensic activities based on mining spam email. The data mine for spam emails at the University of Alabama at Birmingham is considered to be one of the most prominent resources for mining and identifying spam sources. It is a widely researched repository used by researchers from different global organizations. The usual process …

Investigative Techniques Of N-Way Vendor Agreement And Network Analysis Demonstrated With Fake Antivirus, Gary Warner, Mike Nagy, Kyle Jones, Kevin Mitchem

Annual ADFSL Conference on Digital Forensics, Security and Law

Fake AntiVirus (FakeAV) malware experienced a resurgence in the fall of 2013 after falling out of favor after several high profile arrests. FakeAV presents two unique challenges to investigators. First, because each criminal organization running a FakeAV affiliate system regularly alters the appearance of their system, it is sometimes difficult to know whether an incoming criminal complaint or malware sample is related to one ring or the other. Secondly, because FakeAV is delivered in a “Pay Per Install” affiliate model, in addition to the ring-leaders of each major ring, there are many high-volume malware infection rings who are all using …

Work In Progress: An Architecture For Network Path Reconstruction Via Backtraced Ospf Lsdb Synchronization, Raymond A. Hansen

Annual ADFSL Conference on Digital Forensics, Security and Law

There has been extensive work in crime scene reconstruction of physical locations, and much is known in terms of digital forensics of computing devices. However, the network has remained a nebulous combination of entities that are largely ignored during an investigation due to the transient nature of the data that flows through the networks. This paper introduces an architecture for network path reconstruction using the network layer reachability information shared via OSPF Link State Advertisements and the routines and functions of OSPF::rt_sched() as applied to the construction of identical Link State Databases for all routers within an Area.

Application Of Toral Automorphisms To Preserve Confidentiality Principle In Video Live Streaming, Enrique García-Carbajal, Clara Cruz-Ramos, Mariko Nakano-Miyatake

Annual ADFSL Conference on Digital Forensics, Security and Law

Most of the Live Video Systems do not preserve the Confidentiality principle, and send all frames of the video without any protection, allowing an easy “man in the middle” attack. But when it does, it uses cryptographic techniques over streaming data or makes use of secure channel systems. This generates low frame rate and demands many processor resources. In fact native Live Video Streaming demands many resources of all System.

In this paper we propose a technique to preserve confidentiality in Video Live Streaming applying a confusing visual method making use of the Toral Automorphism Spatial Transformation over each frame. …

Visualizing Instant Messaging Author Writeprints For Forensic Analysis, Angela Orebaugh, Jason Kinser, Jeremy Allnutt

Annual ADFSL Conference on Digital Forensics, Security and Law

As cybercrime continues to increase, new cyber forensics techniques are needed to combat the constant challenge of Internet anonymity. In instant messaging (IM) communications, criminals use virtual identities to hide their true identity, which hinders social accountability and facilitates cybercrime. Current instant messaging products are not addressing the anonymity and ease of impersonation over instant messaging. It is necessary to have IM cyber forensics techniques to assist in identifying cyber criminals as part of the criminal investigation. Instant messaging behavioral biometrics include online writing habits, which may be used to create an author writeprint to assist in identifying an author …

Botnet Forensic Investigation Techniques And Cost Evaluation, Brian Cusack

Annual ADFSL Conference on Digital Forensics, Security and Law

Botnets are responsible for a large percentage of damages and criminal activity on the Internet. They have shifted attacks from push activities to pull techniques for the distribution of malwares and continue to provide economic advantages to the exploiters at the expense of other legitimate Internet service users. In our research we asked; what is the cost of the procedural steps for forensically investigating a Botnet attack? The research method applies investigation guidelines provided by other researchers and evaluates these guidelines in terms of the cost to a digital forensic investigator. We conclude that investigation of Botnet attacks is both …

Development And Dissemination Of A New Multidisciplinary Undergraduate Curriculum In Digital Forensics, Masooda Bashir, Jenny A. Applequist, Roy H. Campbell, Lizanne Destefano, Gabriela L. Garcia, Anthony Lang

Annual ADFSL Conference on Digital Forensics, Security and Law

The Information Trust Institute (ITI) at the University of Illinois at Urbana-Champaign is developing an entirely new multidisciplinary undergraduate curriculum on the topic of digital forensics, and this paper presents the findings of the development process, including initial results and evaluation of a pilot offering of the coursework to students. The curriculum consists of a four-course sequence, including introductory and advanced lecture courses with parallel laboratory courses, followed by an advanced course. The content has been designed to reflect both the emerging national standards and the strong multidisciplinary character of the profession of digital forensics, and includes modules developed collaboratively …

Computer Forensics For Accountants, Grover S. Kearns

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital attacks on organizations are becoming more common and more sophisticated. Firms are interested in providing data security and having an effective means to respond to attacks. Accountants possess important investigative and analytical skills that serve to uncover fraud in forensic investigations. Some accounting students take courses in forensic accounting but few colleges offer a course in computer forensics for accountants. Educators wishing to develop such a course may find developing the curriculum daunting. A major element of such a course is the use of forensic software. This paper argues the importance of computer forensics to accounting students and offers …

Applying Memory Forensics To Rootkit Detection, Igor Korkin, Ivan Nesterov

Annual ADFSL Conference on Digital Forensics, Security and Law

Volatile memory dump and its analysis is an essential part of digital forensics. Among a number of various software and hardware approaches for memory dumping there are authors who point out that some of these approaches are not resilient to various anti-forensic techniques, and others that require a reboot or are highly platform dependent. New resilient tools have certain disadvantages such as low speed or vulnerability to rootkits which directly manipulate kernel structures, e.g., page tables. A new memory forensic system – Malware Analysis System for Hidden Knotty Anomalies (MASHKA) is described in this paper. It is resilient to popular …

The Federal Rules Of Civil Procedure: Politics In The 2013-2014 Revision, John W. Bagby, Byron Granda, Emily Benoit, Alexander Logan, Ryan Snell, Joseph J. Schwerha

Annual ADFSL Conference on Digital Forensics, Security and Law

Pre-trial discovery is perpetually controversial. Parties advantaged by strict privacy can often avoid justice when this is disadvantageous to their interests. Contrawise, parties advantaged by relaxed litigation privacy can achieve justice when all facts are accessible irrespective of their repositories, ownership or control. American-style pre-trial discovery in civil and regulatory enforcement is relatively rare around the world. U.S. discovery rules open nearly all relevant and non-privileged data for use by opposing parties. The traditional discovery process was costly and time consuming in the world of tangible paper data. However, these burdens have increased, rather than diminished as often predicted, as …

Testing And Evaluating The Harmonised Digital Forensic Investigation Process In Post Mortem Digital Investigation, Emilio R. Mumba, H. S. Venter

Annual ADFSL Conference on Digital Forensics, Security and Law

Existing digital forensic investigation process models have provided guidelines for identifying and preserving potential digital evidence captured from a crime scene. However, for any of the digital forensic investigation process models developed across the world to be adopted and fully applied by the scientific community, it has to be tested. For this reason, the Harmonized Digital Forensic Investigation Process (HDFIP) model, currently a working draft towards becoming an international standard for digital forensic investigations (ISO/IEC 27043), needs to be tested.

This paper, therefore, presents the findings of a case study used to test the HDFIP model implemented in the ISO/IEC …

Generation And Handling Of Hard Drive Duplicates As Piece Of Evidence, T. Kemmerich, F. Junge, N. Kuntze, C. Rudolph, B. Endicott-Popovsky, L. Großkopf

Annual ADFSL Conference on Digital Forensics, Security and Law

An important area in digital forensics is images of hard disks. The correct production of the images as well as the integrity and authenticity of each hard disk image is essential for the probative force of the image to be used at court. Integrity and authenticity are under suspicion as digital evidence is stored and used by software based systems. Modifications to digital objects are hard or even impossible to track and can occur even accidentally. Even worse, vulnerabilities occur for all current computing systems. Therefore, it is difficult to guarantee a secure environment for forensic investigations. But intended deletions …

Internet Addiction To Child Pornography, Rachel Sitarz, Marcus Rogers, Lonnie Bentley, Eugene Jackson

Annual ADFSL Conference on Digital Forensics, Security and Law

During the present age and time, it seems as though people in society have become addicted to nearly anything and everything, whether it be to a substance, an activity or an object. The Internet and pornography is no exception. While commonly thought of as a deviant behavior, many are displaying addictions towards the Internet and pornography. More alarming, however, are those who are viewing, downloading, or trading child pornography and displaying addictive Internet behaviors, for they are spending excessive amounts of time engaging in the proliferation of child pornographic materials. For this reason, addiction to the Internet and usage of …

Using Internet Artifacts To Profile A Child Pornography Suspect, Marcus K. Rogers, Kathryn C. Seigfried-Spellar

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital evidence plays a crucial role in child pornography investigations. However, in the following case study, the authors argue that the behavioral analysis or “profiling” of digital evidence can also play a vital role in child pornography investigations. The following case study assessed the Internet Browsing History (Internet Explorer Bookmarks, Mozilla Bookmarks, and Mozilla History) from a suspected child pornography user’s computer. The suspect in this case claimed to be conducting an ad hoc law enforcement investigation. After the URLs were classified (Neutral; Adult Porn; Child Porn; Adult Dating sites; Pictures from Social Networking Profiles; Chat Sessions; Bestiality; Data Cleaning; …

Life (Logical Iosforensics Examiner): An Open Source Iosbackup Forensics Examination Tool, Ibrahim Baggili, Shadi Al Awawdeh, Jason Moore

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper, we present LiFE (Logical iOS Forensics Examiner), an open source iOS backup forensics examination tool. This tool helps both researchers and practitioners alike in both understanding the backup structures of iOS devices and forensically examining iOS backups. The tool is currently capable of parsing device information, call history, voice messages, GPS locations, conversations, notes, images, address books, calendar entries, SMS messages, Aux locations, facebook data and e-mails. The tool consists of both a manual interface (where the user is able to manually examine the backup structures) and an automated examination interface (where the tool pulls out evidence …

Why Penetration Testing Is A Limited Use Choice For Sound Cyber Security Practice, Craig Valli, Andrew Woodward, Peter Hannay, Mike Johnstone

Annual ADFSL Conference on Digital Forensics, Security and Law

Penetration testing of networks is a process that is overused when demonstrating or evaluating the cyber security posture of an organisation. Most penetration testing is not aligned with the actual intent of the testing, but rather is driven by a management directive of wanting to be seen to be addressing the issue of cyber security. The use of penetration testing is commonly a reaction to an adverse audit outcome or as a result of being penetrated in the first place. Penetration testing used in this fashion delivers little or no value to the organisation being tested for a number of …

Awareness Of Scam E-Mails: An Exploratory Research Study, Tejashree D. Datar, Kelly A. Cole, Marcus K. Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

The goal of this research was to find the factors that influence a user’s ability to identify e-mail scams. It also aimed to understand user’s awareness regarding e-mail scams and actions that need to be taken if and when victimized. This study was conducted on a university campus with 163 participants. This study presented the participants with two scam e-mails and two legitimate e-mails and asked the participants to correctly identify these e-mails as scam or legitimate. The study focused on the ability of people to differentiate between scam and legitimate e-mails. The study attempted to determine factors that influence …

The Consistency Of The Use Of The Polygraph Exam During The Selection Process Among Law Enforcement Agencies, Jessica Rachel Mark

Theses and Dissertations

The current study examined the use of and the consistency of use of the polygraph exam by law enforcement agencies throughout the United States as part of the screening process to find suitable applicants for employment as police officers. The polygraph exam can be a valuable tool for law enforcement agencies to use in screening applicants, but research has shown that there are questions with regard to the validity and the reliability of the polygraph exam and that improvements in the consistency of use and standardization of practices would increase the validity and reliability of the polygraph exam as a …

The Consistency Of The Use Of The Psychological Evaluation During The Selection Process Among Law Enforcement Agencies, Rebecca Sarah Mark

Theses and Dissertations

The purpose of the current study was to examine the consistency of the use of the psychological evaluation as part of the law enforcement candidate selection process. The International Association of Chiefs of Police (IACP) provides guidelines for the psychological evaluation, but research has found that law enforcement agencies use a variety of procedures with no consensus as to what should be used and why (Dantzker, 2011). Research has also found that very few applicants pass the psychological evaluations and that law enforcement agencies may be screening out candidates who would have been successful police officers (Chang-Bae, 2006; Dantzker, 2011). …

Predicting Successful Drug Court Graduation: Exploring Demographic And Psychosocial Factors Among Medication-Assisted Drug Court Treatment Clients, Autumn Michelle Frei

USF Tampa Graduate Theses and Dissertations

The purpose of this study was to examine the influence of psychosocial factors on drug court graduation among a medication assisted treatment drug court population. The extant research identifies drug courts as effective in reducing recidivism and relapse rates; however meta-analyses of the drug court literature reveal that there is little explanation as to why drug courts are effectual and especially for whom. This study examined trauma, mental health, and social support to determine predictive psychosocial factors of drug court participants while controlling for certain demographics. The analyses showed that social support was predictive, but failed to identify trauma or …

Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms

Psychology Faculty Scholarship

Because many juvenile offenders are intellectually disabled and have their cases tried by jurors in adult criminal court, it is important to understand factors that influence jurors’ judgments in such cases. Using a mock trial methodology, we explored the relations among jurors’ gender, attitudes toward intellectual disability, and judgments in a criminal case involving an intellectually disabled 15-year-old girl accused of murder. Men mock jurors’ judgments were not influenced by their preexisting biases, but women's were: the more women favored special treatment for disabled offenders, the less likely they were to suspect the disabled juvenile was guilty and the less …

Redemption Or Condemnation? A Long-Term Follow-Up Of The Desistance Patterns Of Sex Offenders, Kimberly Raye Kras

Dissertations

Desistance is one of most important topics in criminology. Why some offenders stop offending and why others continue has been long been a question with far-reaching theoretical and empirical implications. Despite the extensive literature on desistance, most of the research examines offenders as a single group, an approach which might overlook differences between individuals by offense type. One offender group that has not been investigated in depth is sex offenders. Sex offenders are an important group to study because they present concerns to public safety and are the subject of much legislation and criminal justice policy. A substantial amount of …

Chain Of Command: The Barriers Of Reporting Sexual Assault In The Military, Danielle Christenson

Honors Program Theses and Projects

Reported rates of sexual assault in the military have increased dramatically over the past 10 years (Groves, 2013). One reason for the pervasiveness of sexual assault is the reporting structure. Despite changes in the way sexual assault complaints are handled, there continue to be numerous sexual assault scandals (Childress, 2013). The purpose of this study is to examine how the military’s chain of command influences the reporting procedures, and how this may influence the military’s ability to prevent sexual assaults. This thesis examines three case studies specifically focusing on military sexual assault reporting.

No One Cried For Help: The Integration Of Groupthink Into Modern Rape Culture, Jourdin Hermann

Themis: Research Journal of Justice Studies and Forensic Science

Rape symbolizes lost innocence. Many young females increasingly endure sexual violence at the hands of multiple male assailants. Despite the common coupling of group dynamics and rapes, little evidence proposes Irving Janis’s theory of groupthink as one plausible explanation. This paper argues that the two concepts are related; groupthink needs to hold a more prominent position within the sexual violence literature. A case in the small town of Steubenville, Ohio provides the backdrop for investigating how groupthink impacts instances of gang rapes. Integration of the scholarly literature available on groupthink and sexual violence establishes the basis of this research. Janis’s …

Long-Term Physical And Mental Health Effects Of Domestic Violence, Kavita Alejo

Themis: Research Journal of Justice Studies and Forensic Science

Domestic violence is an issue affecting people of all ages, races, genders, and sexual orientations. Violence against men and same-sex domestic violence are often considered less of a threat to society and to the people involved, but it is important to understand that male-on-female violence, female-on-male violence, and same-sex violence all involve serious consequences to the victim’s and batterer’s short- and long-term health. This paper determines whether men or women suffer from more long-term health problems caused by domestic violence by comparing the currently published statistics on the prevalence of domestic violence in heterosexual and homosexual relationships, and analyzing the …

Dna Typing Compatibility With A One Step Saliva Screening Test, Nicole Roda, Steven B. Lee, Brooke Barloewen, Tahnee Mehmet

Themis: Research Journal of Justice Studies and Forensic Science

Screening a substrate for bodily fluids is an extremely important step for locating areas that may contain DNA. Several different methods have been developed for saliva (1). The Phadebas® Forensic Press (PFP) test is a presumptive saliva test that utilizes a preloaded paper that will react with the enzyme amylase, a component of saliva (2-5). Because of its ability to screen for amylase while simultaneously locating stains, the PFP may prove to be an effective, rapid method for screening. However it is important to assess whether the PFP introduces any inhibitors (7) to downstream processing such as PCR amplification. Based …

Neuroimaging And Eyewitness Testimony, Madysen Gardner

Themis: Research Journal of Justice Studies and Forensic Science

This paper will explore how breakthroughs in neuroscience, specifically neuroimaging, can be used to validate eyewitness testimony. Though the use of direct evidence is decreasing, due to findings of numerous wrongful convictions that were based on eyewitness testimonies, it is still an element of many criminal trials today. Cross-examination is used to validate eyewitness testimony because memories are fallible. Cross-examination can successfully determine if a witness is telling the truth, but it cannot determine if a memory is true. This has resulted in juries convicting individuals based on questionable eyewitness testimony. Neuroscientists have found that neuroimaging methods, such as functional …

Attitudes Toward The Way Courts Deal With Criminals, Chelsea Van Aken

Themis: Research Journal of Justice Studies and Forensic Science

The way courts treat criminals depends on a variety of factors. This paper examines how age, sex, and race affect an offender’s treatment during sentencing. These variables were collected using the 2010 General Social Survey and were tested using the SPSS 20.0 Student Version Statistical Software. The independent variables include age, race, and sex, while the dependent variable is the way courts deal with criminals. The hypotheses that were tested stated that older individuals, nonwhite persons, and men would believe that courts deal too harshly with criminals. The conclusion found that none of the variables showed a significant correlation; therefore, …