Legal Studies Commons^™

Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall

Trotter Review

Today’s “stop and frisk” practices stem from centuries of legal control of Africans in America. Colonial laws were drafted specifically to control Africans, enslaved and free. Slave catchers culled the woods in search of those Africans who dared escape. After slavery ended, “Black Codes” or criminal laws were enacted to ensnare African Americans, including the sinister convict-lease system that existed well into the twentieth century. The U.S. Supreme Court ruled to extend police authority to stop and frisk during the Civil Rights Movement.

Police abuse of stop and frisk has led to tens of millions of people detained and searched …

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.

Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner

Trotter Review

This paper first identifies some of the most important problems facing incarcerated young black males. Next, we present an historical analysis that pinpoints the War on Drugs as the primary origin of mass incarceration of that group. Then we describe the major consequences for prisoners as well as collateral problems for their families, friends, and communities. We then outline the types of programs created to address these problems. We summarize research that shows the key to solving high recidivism rates is social support during incarceration and after release. We describe in particular a Boston-based organization, the Committee of Friends and …

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Trotter Review

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but I …

Ground Penetrating Radar Use In Three Contrasting Soil Textures In Southern Ontario, Amanda C. Lowe, David V. Beresford, David O. Carter, Franco Gaspari, R. Christopher O'Brien, Shari L. Forbes

Forensic Science Publications

Ground penetrating radar (GPR) is a non-invasive, geophysical tool that can be used for the identification of clandestine graves. GPR operates by detecting density differences in soil by the transmission of high frequency electromagnetic waves from an antenna. Domestic pig (Sus scrofa domesticus) carcasses were clothed in 100% cotton t-shirts and 50% cotton/50% polyester briefs, and buried at a consistent depth at three field sites of contrasting soil texture (silty clay loam, fine sand and fine sandy loam) in southern Ontario. GPR was used to detect and monitor the graves for a period of 14 months post-burial. Analysis of collected …

The Different Duties And Responsibilities Of Clinical And Forensic Psychologists In Legal Proceedings, Denise Hugaboom

The Review: A Journal of Undergraduate Student Research

In lieu of an abstract, below is the essay's first paragraph.

Clinicians and forensic psychologists are two types of psychologists who are often required to appear as witnesses in court proceedings. Their roles, duties, and responsibilities in legal issues arc surprisingly different, but it is possible for them to overlap. It is important for psychologists to recognize both the obligations and limitations of their responsibilities when testifying. An important and often unclear question that generally arises is: how can psychologists best fulfill their legal and ethical duties to their clients?

Amber J. Powell - Blaming The Victim: A Look At Sexual Assault Adjudication In The Milwaukee County Courthouse, Amber J. Powell

Ronald E. McNair Scholars Program 2013

Even though several studies explore common themes in victim-blaming strategies amongst adult sexual assault cases, very few address how these techniques are used to blame and discredit child sexual assault victims. Therefore, this study compared the cultural narratives used by defense attorneys to blame adult and child sexual assault victims in the courtroom. The study sample consisted of 18 sexual assault cases (5 adult victims and 13 child victims) in three branches of the Milwaukee county courthouse in Milwaukee Wisconsin. The defendants and victims in these cases represent a various ethnicities, ages, and social economic backgrounds. Employing a mixed-methods approach, …

Taking Mistakes Seriously, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …

Drivers Of The Sentenced Population: Probation Analysis, David E. Olson, Donald Stemen, Sema Taheri, Michelle D. Mioduszewski

Criminal Justice & Criminology: Faculty Publications & Other Works

The report examines trends in the number and characteristics of felony probation sentences and caseloads in Illinois, as well as short-term outcomes measures for those discharged from felony probation. The research was performed in collaboration with the Administrative Office of the Illinois Courts and the Illinois Sentencing Policy Advisory Council.

A Forensic Study Of The Effectiveness Of Selected Anti-Virus Products Against Ssdt Hooking Rootkits, Sami Al-Shaheri, Dale Lindskog, Pavol Zavarsky, Ron Ruhl

Annual ADFSL Conference on Digital Forensics, Security and Law

For Microsoft Windows Operating Systems, both anti-virus products and kernel rootkits often hook the System Service Dispatch Table (SSDT). This research paper investigates the interaction between these two in terms of the SSDT. To investigate these matters, we extracted digital evidence from volatile memory, and studied that evidence using the Volatility framework. Due to the diversity in detection techniques used by the anti-virus products, and the diversity of infection techniques used by rootkits, our investigation produced diverse results, results that helped us to understand several SSDT hooking strategies, and the interaction between the selected anti-virus products and the rootkit samples. …

An Ontology-Based Forensic Analysis Tool, Mohammed Alzaabi, Andy Jones, Thomas A. Martin

Annual ADFSL Conference on Digital Forensics, Security and Law

The analysis of forensic investigation results has generally been identified as the most complex phase of a digital forensic investigation. This phase becomes more complicated and time consuming as the storage capacity of digital devices is increasing, while at the same time the prices of those devices are decreasing. Although there are some tools and techniques that assist the investigator in the analysis of digital evidence, they do not adequately address some of the serious challenges, particularly with the time and effort required to conduct such tasks. In this paper, we consider the use of semantic web technologies and in …

Peace Officers Association Of Georgia Records, Zach S. Henderson Library. Georgia Southern University

Finding Aids

The collection contains meeting minutes, photographs, and quarterly publications relating to the Peace Officers Association of Georgia.

Find this collection in the University Libraries' catalog.

First Glance: An Introductory Analysis Of Network Forensics Of Tor, Raymond Hansen

Annual ADFSL Conference on Digital Forensics, Security and Law

The Tor network is a low-latency overlay network for TCP flows that is designed to provide privacy and anonymity to its users. It is currently in use by many as a means to avoid censorship of both information to be shared and information to be retrieved. This paper details the architecture of the Tor network as a platform for evaluating the current state of forensic analysis of the Tor network. Specific attempts to block access to the Tor network are examined to identify (a) the processes utilized to identify Tor nodes, and (b) the resulting exposure of potentially inculpatory evidence. …

A Thematic Review Of User Compliance With Information Security Policies Literature, David Sikolia

Annual ADFSL Conference on Digital Forensics, Security and Law

The adoption of computer and internet technology has greatly improved the way businesses operate. However the risk to the confidentiality, integrity and availability of organizational data and systems has greatly increased too. Information security is an ever present concern for all organizations. Financial estimates of the impact of security breaches to information and technology resources range from hundreds of billions to over one trillion dollars each year worldwide (D'Arcy et al., 2011b). Organizations have therefore developed a combination of technical, administrative, and physical controls to reduce this risk (D'Arcy et al., 2011a). Administrative measures include the development of information security …

Journey Into Windows 8 Recovery Artifacts, W. K. Johnson

Annual ADFSL Conference on Digital Forensics, Security and Law

One of the most difficult processes of digital forensics is to understand how new technology interacts with current technology and how digital forensic analysts can utilize current Digital Forensics technologies and processes to recover and find information hidden. Microsoft has released their new operating system Windows 8, with this new release Microsoft has added some features to the operating system that will present some interesting complications to digital forensics. Since the initial release of the Windows 8 Release Candidates there have been some research released that focus primarily on the new user created artifacts and a few artifacts that have …

An Image Forensic Scheme With Robust And Fragile Watermarking For Business Documents, Sai Ho Kwok

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper proposes an image forensic scheme with both robust and fragile watermarking techniques for business documents. Through a dual watermarking approach, the proposed scheme can achieve image forensics objectives of (a) identification of source; (b) authentication of documents; and (c) locating the tempered areas of documents due to attacks. An example is presented to prove the concepts of the proposed scheme.

Keywords: Image Forensics, Fragile and Robust Watermarking, Business Document.

Significance Of Semantic Reconciliation In Digital Forensics, Nickson M. Karie, H. S. Venter

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics (DF) is a growing field that is gaining popularity among many computer professionals, law enforcement agencies and other stakeholders who must always cooperate in this profession. Unfortunately, this has created an environment replete with semantic disparities within the domain that needs to be resolved and/or eliminated. For the purpose of this study, semantic disparity refers to disagreements about the meaning, interpretation, descriptions and the intended use of the same or related data and terminologies. If semantic disparity is not detected and resolved, it may lead to misunderstandings. Even worse, since the people involved may not be from the …

System-Generated Digital Forensic Evidence In Graphic Design Applications, Enos Mabuto, Hein Venter

Annual ADFSL Conference on Digital Forensics, Security and Law

Graphic design applications are often used for the editing and design of digital art. The same applications can be used for creating counterfeit documents such as identity documents (IDs), driver’s licences, passports, etc. However, the use of any graphic design application leaves behind traces of digital information that can be used during a digital forensic investigation. Current digital forensic tools examine a system to find digital evidence, but they do not examine a system specifically for the creating of counterfeit documents created through the use of graphic design applications. The paper in hand reviews the system-generated digital forensic evidence gathered …

Money Laundering Detection Framework To Link The Disparate And Evolving Schemes, Murad Mehmet, Duminda Wijesekera, Miguel F. Buchholtz

Annual ADFSL Conference on Digital Forensics, Security and Law

Money launderers hide traces of their transactions with the involvement of entities that participate in sophisticated schemes. Money laundering detection requires unraveling concealed connections among multiple but seemingly unrelated human money laundering networks, ties among actors of those schemes, and amounts of funds transferred among those entities. The link among small networks, either financial or social, is the primary factor that facilitates money laundering. Hence, the analysis of relations among money laundering networks is required to present the full structure of complex schemes. We propose a framework that uses sequence matching, case-based analysis, social network analysis, and complex event processing …

Identifying Peer-To-Peer Traffic On Shared Wireless Networks, Simon Piel, Ej Jung

Annual ADFSL Conference on Digital Forensics, Security and Law

Tracing contraband downloads leads investigators to an IP address, and in turn Internet Service Providers (ISP) can provide a physical location using this IP address. However, most homes and offices share this IP address among many computers using wireless networks. In other words, there needs to be another investigation to find out which computer was responsible for contraband downloads. To make matters worse, these shared wireless networks often have vulnerabilities in access control such as using WEP or using weak passwords. In such cases, any computer in range, not necessarily at the given physical address, could be responsible. We use …

On Resolving The Cloud Forensics Conundrum, John Bagby

Annual ADFSL Conference on Digital Forensics, Security and Law

The “cloud” is idiom for an ill-defined set of online services. The cloud simultaneously offers IT savings and promises advances in functionality (e.g., ubiquity). However, the cloud also imposes poorly understood burdens on security and it may provoke injustice. Thus, the cloud presents a durable and seemingly irreconcilable conundrum for the digital forensics communit(ies). First, cloud proponents make efficiency promises for cloud services (SaaS, IaaS, PaaS). These translate well into the digital forensics domain. Indeed, the cloud may enable crowd sourcing of investigatory data vastly lowering costs of dispute resolution. For example, cloud-based litigation war rooms may reduce electronic discovery …

Cybercrime And Punishment: An Analysis Of The Deontological And Utilitarian Functions Of Punishment In The Information Age, Karim Jetha

Annual ADFSL Conference on Digital Forensics, Security and Law

This conceptual piece analyzes the role of criminal punishment and the nature of cyber crime to investigate whether the current punishment schemes are appropriate given the deontological and utilitarian goals of punishment: retribution, deterrence, incapacitation, and rehabilitation. The research has implications for policymaking in cybercriminal law.

Keywords: cybercrime, criminal law, punishment, retribution, deterrence, information economics

The Development Of Computer Forensic Legal System In China, Yonghao Mai, K. P. Chow, Rongsheng Xu, Gang Zhou, Fei Xu, Jun Zhang

Annual ADFSL Conference on Digital Forensics, Security and Law

The computer forensic discipline was established around 2000 in China, which was further developed along with Chinese judicial appraisal system in 2005. The new criminal and civil procedure laws of the People’s Republic of China was enacted on 1 Jan 2013. The new laws specified electronic data is legal evidence and has great impact on the current practice on handling electronic evidence. This paper introduces the electronic data and electronic evidence examination procedure in mainland China, the general concept of computer forensic legal system, the management of computer judicial experts, the management of computer judicial expertise institutions.

Keywords: China legal …

Drink, Drive, Go To Jail? A Study Of Police Officers Arrested For Drunk Driving, Philip M. Stinson, John Liederbach, Steven L. Brewer, Natalie E. Todak

Criminal Justice Faculty Publications

The purpose of the current study is to provide empirical data on cases of police driving under the influence (DUI) of alcohol and/or drugs. It identifies events that may have influenced the decision to arrest, including associated traffic accidents, fatalities, officer resistance, the refusal of field sobriety tests, and the refusal of blood alcohol content (BAC) tests. The study is a quantitative content analysis of news articles identified through the Google News search engine using 48 automated Google Alerts queries. Data are analyzed on 782 DUI arrest cases of officers employed by 511 nonfederal law enforcement agencies throughout the United …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Criminal Justice Faculty Research

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …

Hedge Fund Manager Registration Under The Dodd-Frank Act, Wulf A. Kaal

San Diego Law Review

Part I of this Article introduces the issue of hedge fund registration and the tension between regulators and the hedge fund industry regarding the appropriate level of regulatory oversight. After a short introduction of historical attempts to register hedge fund managers, Part II describes the legal requirements in the Dodd-Frank Act pertaining to hedge fund managers. Over fifty years of low-level regulatory oversight for the hedge fund industry came to an end with the enactment of the Dodd-Frank Act. Part III outlines the methodological approach of the survey study. It introduces the survey instrument, data sources, sampling, coding, and coding …

The Spatial: A Forgotten Dimension Of Property, Paul Babie

San Diego Law Review

This Article explores, such a spatial turn in the case of property theory requires further elaboration and exploration. First, analytically, the spatial turn can be used to reassemble what we already know about property to recognize expressly the spatial dimension of property, thus revealing what has always been there but which has rarely been named and discussed: property emerges from, exists in, and is replicated through space. Second, and equally important, normatively, revealing the spatial dimension adds context to the social understanding of property and thereby allows us to see and encourage further exploration of the role of property as …

A Class Act? Social Class Affirmative Action And Higher Education, Maimon Schwarzschild

San Diego Law Review

Comparing class preferences with racial preferences helps to point up some of the reasons for the allure of class preferences but also points up some of the problems. A crucial consideration is the question of who is to receive class preference. For example, what about immigrants and their children? In general, social class is difficult to define, and this very difficulty would confer great discretion and power on faculties and academic administrators who undertake to bestow class preferences: discretion that would be open to abuse for political, ideological, and other ends. Finally, there is the question of whether preferential treatment …

Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …

Gender Discrimination In The Workforce, Natalie Hays, Katherine Morrow

Social Sciences

No abstract provided.