Legal Studies Commons^™

Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun

Department of Psychology: Faculty Publications

Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred …

Role Conflict And Nonsexual Boundary Violations Among Correctional Officers, Ronald M. Ruggiero

Walden Dissertations and Doctoral Studies

Role Conflict and Nonsexual Boundary Violations Among Correctional Officers

by

Ronald Ruggiero

Dissertation Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

Human Service--Criminal Justice

Walden University

May 2014

Abstract

Despite the growing presence of prisons in American society, little is known about challenges experienced in the job performed by correctional officers (COs); specifically, no research has investigated how their intermediary status between inmates and prison management can result in role conflict. This descriptive case study explored role conflict among 10 retired CO's and the presence of inmates who enter prison with a high public …

Analysis Of The Efficacy Of Criminal Court Mediation As A Tool Of Restorative Justice, Teresa Hoerres

Capstone Collection

This capstone research paper aims to capture the personal narratives of how participants of criminal court mediation in Brooklyn, New York actual experience the program. The program, which is facilitated by New York Peace Institute, is a cornerstone of the organization’s restorative justice program. Restorative justice has been gaining traction over the last few decades, and its application to criminal matters as an alternative dispute resolution (ADR) service, is unprecedented.

The research was conducted using a mixed methodology approach, relying on the researcher’s ethnographic observations of the criminal court mediation program from August 2013 through March 2014, as well as …

The New Drug War Or The New Race War: Incarceration's Impact On Minority Children, Families, And Communities, Karen P. Lawrence

Department of Conflict Resolution Studies Theses and Dissertations

This non-experimental study examines the issues of over-representation of minorities in the criminal justice system due to drug-related incidences, race relations, and the impact such representation has on families, children, and communities. The exploration of the current criminal justice efforts against drugs is presented through a meta-analysis qualitative lens in an effort to disseminate the information on those arrested, sentenced, and subsequently incarcerated for various drug offenses. In an attempt to understand the encyclical racial disparities that promulgate the criminal justice system, the study relies on information from several key theorists to cement the discussions in the research. Qualitative data …

Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan

McNair Poster Presentations

Racial discrimination plays a role in the administration of the death penalty. This research analyzes the history, and past scholarly research, of the death penalty. The purpose of this research is to understand the correlation between racial discrimination and those sentenced to death. This study includes a literature review regarding the different aspects of the death penalty and race. Following the literature review, an analysis is performed of both previous literature and current death penalty statistics that augments the discussion of the death penalty.

Privatization Of Florida Juvenile Residential Facilities, Katherine Hancock

Electronic Theses and Dissertations

Privatization of juvenile facilities and services has been the norm since the inception of the juvenile justice system. However, little research has been performed examining the impact of privatization on juvenile justice, despite the possible repercussions of this policy for the juveniles served. Prior research on privatization in other fields has tended to find a connection between privatization and outcomes; however, very little research has examined how privatization impacts operations, how operations impact recidivism, and how privatization and operations interact to produce juvenile justice outcomes. This exploratory study, informed by cybernetic systems theory and principal-agent theory, examined the mechanism by …

The Relationship Of State Political Instability And Economic Failure To Predatory Organized Crime In Multiple Nations: A Global Comparative Anaylsis, Terrance Ruth

Electronic Theses and Dissertations

This dissertation examines the relationship of political instability and economic failure to predatory organized crime in multiple nations. This is an important issue since each year the increase in predatory crime networks contributes to international economic failure, security risks, and the spread of organized crime. In an effort to understand the relationship between state failure and economic failure on the one hand, and organized crime on the other, this study will seek to address three goals. First, the study tests the degree to which variables that imply economic failure and state failure correlate with predatory organized crime. Second, the study …

Investigators' Perceptions Of Inter-Jurisdictional Law Enforcement Information Sharing On Criminal Investigative Success: An Exploratory Analysis, Jennifer Freeman-Walker

Electronic Theses and Dissertations

Information sharing among law enforcement entities became a national priority after the 9/11 attack (Carter, 2005). Various information systems utilized by law enforcement agencies may be promising; however, there is little extant empirical research to validate the system's effectiveness related to increasing investigative success (Bureau of Justice Assistance, 2010). One information system that has tied together numerous Florida law enforcement agencies is the FINDER system. FINDER, the Florida Integrated Network for Data Exchange and Retrieval system, provides agency investigators a wide range of information not previously available (Reynolds, Griset, and Scott, 2006; Scott, 2006). This study's foundation was primarily based …

School Violence Perpetrators Speak: An Examination Of Perpetrators Views On School Violence Incidents, Gordon A. Crews

Criminal Justice Faculty Publications

In the last few decades researchers have attempted to determine correlates for school violence. While the number of extreme incidents of school violence remains relatively small, extreme incidents cause the most concern for parents, teachers, law enforcement, and educational administrators. In addition to the fear these types of events cause, they also bring about a great deal of debate regarding proper responses. Some feel that stringent zero tolerance policies are the answer, while others argue for more gun control in society. Some feel that increased counseling and service to young people is the answer, while others argue for the increased …

Although The “Get-Tough” Approach Is Popular Among The American Public And Policymakers Alike, Incarceration Does Not Reduce Crime, Marika Dawkins-Cavazos

Criminal Justice Faculty Publications

The prevalence of crime has been of great concern to policymakers for decades, with many factors being blamed and many solutions suggested. Since the 1970s’ punitive incarceration policies have found favor, and are now being replicated for juvenile offenders as well. Using state-level data on crime and juvenile residential placement (which have now become very similar in their operations to those of adult facilities), Marika Dawkins finds that such placements do not lead to a reduction in juvenile offending or crime. She argues that, in this light, community-based sanctions as well as greater support for families should take precedence over …

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

Center on Children, Families, and the Law: Faculty Publications

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.

Symbolic Imprisonment, Grief, And Coping Theory: African American Women With Incarcerated Mates, Avon Marie Hart-Johnson

Walden Dissertations and Doctoral Studies

African American men have been incarcerated at unprecedented rates in the United States over the past 30 years. This study explored how African American females experience adverse psychosocial responses to separation from an incarcerated mate. The purpose of this qualitative grounded theory (GT) study was to construct a theory to explain their responses to separation and loss. Given the paucity of literature on this topic, helping professionals may not understand this problem or know how to support these women. Disenfranchised grief and the dual process model of bereavement were used as a theoretical lens for this study. Data were collected …

Lead Exposure And Crime, Tara Elaine Martin

Theses and Dissertations

While lead exposure during childhood has been linked to criminal activity later in life, prior research has failed to develop a theoretical foundation explaining why lead and crime rates are positively related at the aggregate level. Utilizing tract-level data, I examine the relationship among elevated blood lead level rates, levels of concentrated disadvantage, and crime rates. Through a biosocial approach, I explore the lead-crime relationship using a measure of concentrated disadvantage to account for the variations across tracts. Finally, I discuss the results of this study as well as implications for public policy and future research.

The Role Of Violence Within And Across Self-Identified Gang Youth, J. Michael Vecchio

Criminal Justice & Criminology: Faculty Publications & Other Works

Within the field of criminology, increased attention has been afforded to the influence and importance of individual exposure to violence and victimization. Research has demonstrated that violence – whether actual or anticipated – is not distributed evenly across individuals, but is amplified during the period of adolescence and is strongly influenced by individual risky behavior. Perhaps for no other group has the role of violence been more pronounced than in the lives of gang affiliated youth. Whether actual (i.e., direct and vicarious victimization) or anticipated (i.e., fear of crime and perceived risk of victimization) violence, gang youth commonly discuss violence …

Book Review: The Basics Of Digital Forensics: The Primer For Getting Started In Digital Forensics, Stephen Larson

Journal of Digital Forensics, Security and Law

The Basics of Digital Forensics: The Primer for Getting Started in Digital Forensics is well-named–it really is very basic. And it should be, as the book’s intended audience includes entry-level digital forensics professionals and complimentary fields such as law enforcement, legal, and general information security. Though the copyright is 2012, some of the data is from 2009, and there is mention of estimates for 2010.

“Time For Some Traffic Problems”: Enhancing E-Discovery And Big Data Processing Tools With Linguistic Methods For Deception Detection, Erin S. Crabb

Journal of Digital Forensics, Security and Law

Linguistic deception theory provides methods to discover potentially deceptive texts to make them accessible to clerical review. This paper proposes the integration of these linguistic methods with traditional e-discovery techniques to identify deceptive texts within a given author’s larger body of written work, such as their sent email box. First, a set of linguistic features associated with deception are identified and a prototype classifier is constructed to analyze texts and describe the features’ distributions, while avoiding topic-specific features to improve recall of relevant documents. The tool is then applied to a portion of the Enron Email Dataset to illustrate how …

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

Journal of 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 …

Accurate Modeling Of The Siemens S7 Scada Protocol For Intrusion Detection And Digital Forensics, Amit Kleinmann, Avishai Wool

Journal of Digital Forensics, Security and Law

The Siemens S7 protocol is commonly used in SCADA systems for communications between a Human Machine Interface (HMI) and the Programmable Logic Controllers (PLCs). This paper presents a model-based Intrusion Detection Systems (IDS) designed for S7 networks. The approach is based on the key observation that S7 traffic to and from a specific PLC is highly periodic; as a result, each HMI-PLC channel can be modeled using its own unique Deterministic Finite Automaton (DFA). The resulting DFA-based IDS is very sensitive and is able to flag anomalies such as a message appearing out of its position in the normal sequence …

From The Editor-In-Chief, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Welcome to JDFSL’s fourth and final issue for 2014! First, I would like to thank our editorial board, reviewers, and the JDFSL team for bringing this issue to life. It has been a big year for JDFSL as the journal continues to progress. I would like to highlight our critical achievements for 2014 before touching on the papers that were accepted in this issue: 1. JDFSL has gone to a fully open access model without author payment through support from academic institutions. 2. JDFSL has formed and continues to form partnerships with various conferences that relate to cyber security and …

Book Review: Judiciary-Friendly Forensics Of Software Copyright Infringement (Vinod Polpaya Bhattathiripad), Pedro L. P. Sanchez

Journal of Digital Forensics, Security and Law

Judiciary-Friendly Forensics of Software Copyright Infringement is a book by Dr. Vinod Polpaya Bhattathiripad, published by IGI-Global as part of its Research Essentials series. The book discusses the forensics of software copyright infringement and highlights theoretical, functional, and procedural matters in the investigation of copyright infringement of software products, as well as the development of forensic technologies to detect and avoid software piracy. It is of interest to software forensic experts, lawyers in the field of copyright infringement, judges, software professionals, and students.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Personal Denial Of Service (Pdos) Attacks: A Discussion And Exploration Of A New Category Of Cyber Crime, Michael R. Bartolacci, Larry J. Leblanc, Ashley Podhradsky

Journal of Digital Forensics, Security and Law

The growth of the Internet has created a corresponding growth in Internet-based crimes and online misbehavior, particularly among younger computer-savvy people. Younger generations have grown up in a world where internet access, social networking, e-commerce and smartphones are commonplace. Given this fact, they have learned how to use, and how to abuse, technology. This leads us to define a new category of cybercrime called a Personal Denial of Service attack (PDOS). A PDOS is a cyber-crime in which an individual deliberately prevents the access of another individual or small group to online services such as email or banking. Due to …

File Detection On Network Traffic Using Approximate Matching, Frank Breitinger, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

In recent years, Internet technologies changed enormously and allow faster Internet connections, higher data rates and mobile usage. Hence, it is possible to send huge amounts of data / files easily which is often used by insiders or attackers to steal intellectual property. As a consequence, data leakage prevention systems (DLPS) have been developed which analyze network traffic and alert in case of a data leak. Although the overall concepts of the detection techniques are known, the systems are mostly closed and commercial. Within this paper we present a new technique for network traffic analysis based on approximate matching (a.k.a …

Fast Rtp Detection And Codecs Classification In Internet Traffic, Petr Matousek, Ondrej Rysavy, Martin Kmet

Journal of Digital Forensics, Security and Law

This paper presents a fast multi-stage method for on-line detection of RTP streams and codec identification of transmitted voice or video traffic. The method includes an RTP detector that filters packets based on specific values from UDP and RTP headers. When an RTP stream is successfully detected, codec identification is applied using codec feature sets. The paper shows advantages and limitations of the method and its comparison with other approaches. The method was implemented as a part of network forensics framework NetFox developed in project SEC6NET. Results show that the method can be successfully used for Lawful Interception as well …

Relating Admissibility Standards For Digital Evidence To Attack Scenario Reconstruction, Changwei Liu, Anoop Singhal, Duminda Wijesekera

Journal of Digital Forensics, Security and Law

Attackers tend to use complex techniques such as combining multi-step, multi-stage attack with anti-forensic tools to make it difficult to find incriminating evidence and reconstruct attack scenarios that can stand up to the expected level of evidence admissibility in a court of law. As a solution, we propose to integrate the legal aspects of evidence correlation into a Prolog based reasoner to address the admissibility requirements by creating most probable attack scenarios that satisfy admissibility standards for substantiating evidence. Using a prototype implementation, we show how evidence extracted by using forensic tools can be integrated with legal reasoning to reconstruct …

Audit: Automated Disk Investigation Toolkit, Umit Karabiyik, Sudhir Aggarwal

Journal of Digital Forensics, Security and Law

Software tools designed for disk analysis play a critical role today in forensics investigations. However, these digital forensics tools are often difficult to use, usually task specific, and generally require professionally trained users with IT backgrounds. The relevant tools are also often open source requiring additional technical knowledge and proper configuration. This makes it difficult for investigators without some computer science background to easily conduct the needed disk analysis. In this paper, we present AUDIT, a novel automated disk investigation toolkit that supports investigations conducted by non-expert (in IT and disk technology) and expert investigators. Our proof of concept design …

Evidentiary Power And Propriety Of Digital Identifiers And The Impact On Privacy Rights In The United States, Michael Losavio, Deborah Keeling

Journal of Digital Forensics, Security and Law

Media and network systems capture and store data about electronic activity in new, sometimes unprecedented ways; computational systems make for new means of analysis and knowledge development. These new forms offer new, powerful tactical tools for investigations of electronic malfeasance under traditional legal regulation of state power, particular that of Fourth Amendment limitations on police searches and seizures under the U.S. Constitution. But autonomy, identity and authenticity concerns with electronic data raise issues of public policy, privacy and proper police oversight of civil society. We examine those issues and their implications for digital and computational forensics

Effects Of The Factory Reset On Mobile Devices, Riqui Schwamm, Neil C. Rowe

Journal of Digital Forensics, Security and Law

Mobile devices usually provide a “factory-reset” tool to erase user-specific data from the main secondary storage. 9 Apple iPhones, 10 Android devices, and 2 BlackBerry devices were tested in the first systematic evaluation of the effectiveness of factory resets. Tests used the Cellebrite UME-36 Pro with the UFED Physical Analyzer, the Bulk Extractor open-source tool, and our own programs for extracting metadata, classifying file paths, and comparing them between images. Two phones were subjected to more detailed analysis. Results showed that many kinds of data were removed by the resets, but much user-specific configuration data was left. Android devices did …

Testing Framework For Mobile Device Forensics Tools, Maxwell Anobah, Shahzad Saleem, Oliver Popov

Journal of Digital Forensics, Security and Law

The proliferation of mobile communication and computing devices, in particular smart mobile phones, is almost paralleled with the increasing number of mobile device forensics tools in the market. Each mobile forensics tool vendor, on one hand claims to have a tool that is best in terms of performance, while on the other hand each tool vendor seems to be using different standards for testing their tools and thereby defining what support means differently. To overcome this problem, a testing framework based on a series of tests ranging from basic forensics tasks such as file system reconstruction up to more complex …

Technical Soddi Defenses: The Trojan Horse Defense Revisited, Chad M. Steel

Journal of Digital Forensics, Security and Law

In 2004, the Trojan horse defense was at a crossroads, having been successfully employed in two child pornography cases in the United Kingdom, resulting in acquittals. Despite the early successes, the Trojan horse defense has failed to become a regularly employed strategy. The original Trojan horse defense has now become part of the more general technical SODDI (Some Other Dude Did It) defense, which includes the possibility of unknown actors using unsecured Wi-Fi connections or having physical access to a computer to perform criminal acts. In the past ten years, it has not been effective in the United States for …