Legal Studies Commons^™

Natalie Stoljar’S Wishful Thinking And One Step Beyond: What Should Conceptual Legal Analysis Become?, Imer Flores

Georgetown Law Faculty Publications and Other Works

Praising wishful thinking is a serious risk that the author is willing to run not only in this article commenting of Natalie Stoljar’s work but also elsewhere in his scholarship. The author will analyze her claims and will agree mostly with them, he will also criticize her for stopping one step short adopting the desirability or weaker claim, when in it is not merely possible but necessary to go one step beyond arguing for the necessity or stronger claim. The author intends to present further grounds for endorsing “conceptual (legal) analysis pluralism” by distinguishing the three different inquiry or projects …

Policing Alcohol And Related Crimes On Campus, Andrea Nicole Allen

Theses and Dissertations

Research shows that college students drink alcohol frequently and heavily. This can compromise their health and well-being. Student drinking is also tied to crime. While prior work explores the nature and extent of crimes involving alcohol on campus, to date no study has examined how police handle these incidents or crime generally. This study fills that gap in the literature. Qualitative and quantitative data were collected by observing and interviewing campus officers at a large Southeastern university as they navigated through encounters with citizens. Findings include the following. Officers handle a variety of crimes, and do not have a single-faceted …

Assessing The Impact Of The Court Response To Domestic Violence In Two Neighboring Counties, Gillian Mira Pinchevsky

Theses and Dissertations

Since the 1970s, there has been a proliferation of research on domestic violence (DV). The majority of research, however, has focused on the correlates of DV and far fewer studies have examined the criminal justice system's approach to addressing DV. This is particularly concerning given that historically, the criminal justice system was rooted in English Common Law and tolerant of marital discipline to maintain household stability. Through the efforts of women's rights advocates, policy makers began devising innovative strategies for responding to DV, including provisions for mandatory arrests, no-drop policies, and the establishment of specialized DV courts. Although there has …

Information Security Challenge Of Qr Codes, Nik Thompson, Kevin Lee

Journal of Digital Forensics, Security and Law

The discipline of information security must adapt to new technologies and methods of interaction with those technologies. New technologies present both challenges and opportunities for the security professional, especially for areas such as digital forensics. Challenges can be in the form of new devices such as smartphones or new methods of sharing information, such as social networks. One such rapidly emerging interaction technology is the use of Quick Response (QR) codes. These offer a physical mechanism for quick access to Web sites for advertising and social interaction. This paper argues that the common implementation of QR codes potentially presents security …

Measuring Inconsistency Methods For Evidentiary Value, Fred Cohen

Journal of Digital Forensics, Security and Law

Many inconsistency analysis methods may be used to detect altered records or statements. But for admission as evidence, the reliability of the method has to be determined and measured. For example, in China, for evidence to be admitted, it has to have 95% certainty of being correct,1 and that certainty must be shown to the court, while in the US, evidence is admitted if it is more probative than prejudicial (a >50% standard).2 In either case, it is necessary to provide a measurement of some sort in order to pass muster under challenges from the other side. And in most …

Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle

Journal of Digital Forensics, Security and Law

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

How Often Is Employee Anger An Insider Risk I? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw

Journal of Digital Forensics, Security and Law

This research introduced two new scales for the identification and measurement of negative sentiment and insider risk in communications in order to examine the unexplored relationship between these two constructs. The inter-rater reliability and criterion validity of the Scale of Negativity in Texts (SNIT) and the Scale of Insider Risk in Digital Communications (SIRDC) were established with a random sample of email from the Enron archive and criterion measures from established insiders, disgruntled employees, suicidal, depressed, angry, anxious, and other sampled groups. In addition, the sensitivity of the scales to changes over time as the risk of digital attack increased …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle

Journal of Digital Forensics, Security and Law

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example, network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

How Often Is Employee Anger An Insider Risk Ii? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications–Comparison Between Human Raters And Psycholinguistic Software, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw

Journal of Digital Forensics, Security and Law

This research uses two recently introduced observer rating scales, (Shaw et al., 2013) for the identification and measurement of negative sentiment (the Scale for Negativity in Text or SNIT) and insider risk (Scale of Indicators of Risk in Digital Communication or SIRDC) in communications to test the performance of psycholinguistic software designed to detect indicators of these risk factors. The psycholinguistic software program, WarmTouch (WT), previously used for investigations, appeared to be an effective means for locating communications scored High or Medium in negative sentiment by the SNIT or High in insider risk by the SIRDC within a randomly selected …

Trends In Android Malware Detection, Kaveh Shaerpour, Ali Dehghantanha, Ramlan Mahmod

Journal of Digital Forensics, Security and Law

This paper analyzes different Android malware detection techniques from several research papers, some of these techniques are novel while others bring a new perspective to the research work done in the past. The techniques are of various kinds ranging from detection using host based frameworks and static analysis of executable to feature extraction and behavioral patterns. Each paper is reviewed extensively and the core features of each technique are highlighted and contrasted with the others. The challenges faced during the development of such techniques are also discussed along with the future prospects for Android malware detection. The findings of the …

Risk Management Of Email And Internet Use In The Workplace, John Ruhnka, Windham E. Loopesko

Journal of Digital Forensics, Security and Law

The article surveys the changing risk environment for corporations from their employees’ electronic communications. It identifies the types of liabilities that corporations can incur from such employee communications. It discusses the objectives of corporate internet use policies and the types of provisions such policies should contain. It suggests an alternative risk-based approach to corporate acceptable use policies instead of a traditional “laundry list” of internet use prohibitions.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Analysis Of A Second Hand Google Mini Search Appliance, Stephen Larson

Journal of Digital Forensics, Security and Law

Information and the technological advancements for which mankind develops with regards to its storage has increased tremendously over the past few decades. As the total amount of data stored rapidly increases in conjunction with the amount of widely available computer-driven devices being used, solutions are being developed to better harness this data (LaTulippe, 2011). One of these solutions is commonly known as a search appliance. Search appliances have been used in e-discovery for several years. The Google Mini Search Appliance (Mini) has not only been used for e-discovery, but for indexing and searching internal documents. To accomplish these tasks, search …

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

Journal of 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 …

A Propensity Score Matching Analysis Of Race On The Decision To Petition A Case In The Juvenile Court, George Higgins, Melissa L. Ricketts, James D. Griffith, Stephanie A. Jirard

Contemporary Issues in Juvenile Justice

No abstract provided.

Policy Considerations When Applying Sight And Sound Seperations, Jennifer Bradford, Jennifer Capps

Contemporary Issues in Juvenile Justice

No abstract provided.

The Regulation And Control Of Bail Recovery Agents: An Exploratory Study, Brian R. Johnson, Ruth S. Stevens

Peer Reviewed Publications

This article explores the current status of the licensing and regulation of bail recovery agents in the United States. By reviewing state legislative and administrative codes in all the 50 states, this study found that 24 states control bail recovery agents through licensure or the imposition of other occupational regulations. These state controls include age, criminal history, and pretraining and educational requirements; some states also require continuing education and training for licensure and/or regulation. In contrast, 18 states have no licensing or other occupational requirements for bail recovery agents. These findings raise questions about the actual utility and function of …

An Examination Of The Interactions Of Race And Gender On Sentencing Decisions Using A Trichotomous Dependent Variable, Tina L. Freiburger, Carly M. Hilinski-Rosick

Peer Reviewed Publications

This study examined how race, gender, and age interact to affect defendants’ sentences using a trichotomized dependent variable. The findings indicate that the racial and gender disparity found in sentencing decisions was largely due to Black men’s increased likelihood of receiving jail as opposed to probation. The results also show that being young resulted in increased odds of receiving probation over jail for White men and for women but resulted in decreased odds for Black men. Separate analysis of incarceration terms to jail and prison further reveal that legal factors had a greater impact on prison than on jail sentence …

Research Brief One-Sheet No.6: Officers Arrested For Drunk Driving, Philip M. Stinson, John Liederbach, Steven L. Brewer, Natalie E. Todak

Criminal Justice Faculty Publications

Cases involving police who drive drunk are part of the larger problem of driving under the influence (DUI). The Centers for Disease Control and Prevention report that alcohol-impaired traffic accidents kill over 10,000 people annually, accounting for nearly one-third of all traffic-related deaths in the United States (Centers for Disease Control and Prevention, 2011). But, cases that involve police who drive drunk (or, Police DUIs) should also be recognized as a phenomenon that presents unique problems. Police DUI's have the potential to weaken public trust and the legitimacy of strategies designed to mitigate drunk driving, because the drunk driver in …

The Value Of An Interdisciplinary Education For Prospective Law Students, Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Undergraduate pre-law education must prepare prospective law students for the challenges of law school and the law school admissions process. Although law school does not require a prerequisite course of study, it is my contention that the optimal undergraduate preparation consists of interdisciplinary liberal arts education. Such a pedagogical approach allows for students to understand law in the context of society and its practice beyond the theoretical fundamentals taught in most law schools. Many law school faculty favor interdisciplinary education in law school and law admissions officials stress liberal arts education for undergraduates. Accordingly, the optimal pre-law undergraduate education should …

Communicative Content And Legal Content, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay investigates a familiar set of questions about the relationship between legal texts (e.g., constitutions, statutes, opinions, orders, and contracts) and the content of the law (e.g., norms, rules, standards, doctrines, and mandates). Is the original meaning of the constitutional text binding on the Supreme Court when it develops doctrines of constitutional law? Should statutes be given their plain meaning or should judges devise statutory constructions that depart from the text to serve a purpose? What role should default rules play in the interpretation and construction of contracts? This essay makes two moves that can help lawyers and legal …

Technology Corner: Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle

Research outputs 2013

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

Forensics Far More Than What’S Seen On Tv, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Life And Health Outside Prison, Tiffany Amorette Young

Open Access Theses & Dissertations

This qualitative study explores the subjective understandings of formerly incarcerated individuals' experiences of health and healthcare prior to, during, and post release. The study incorporates in depth ethnographic interviews, participant observation, and life charting to formulate a holistic understanding of how incarceration has impacted the health and lives of the participants recruited for this study. All participants were incarcerated for a minimum of one year in the U.S. prison system. This interdisciplinary study contributes to the fields of sociology, criminology, and public health, and builds on the literature of race, health, and corrections in the United States.

Towards Engaged Scholarship, John R. Nolon, Michelle Bryan Mudd, Michael Burger, Kim Diana Connolly, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith H. Hirokawa, Tim Iglesias, Patrick C. Mcginley, Sean Nolon, Uma Outka, Jessica Owley, Kalyani Robbins, Jonathan Rosenbloom, Christopher Serkin

Journal Articles

No abstract provided.

Structural Overdelegation In Criminal Procedure, Anthony O'Rourke

Journal Articles

In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making.

Criminal procedure’s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court’s constitutional objectives can justify. By definition, this systematic “overdelegation” does not result from the …

Indiana, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of key Civil War developments in Indiana and how this conflict impacted Indiana.

Assessing The Readability Of Capital Pattern Jury Instructions, Rachel Small, Judith Platania, Brian L. Cutler

Arts & Sciences Faculty Publications

Data obtained from the National Assessment of Adult Literacy (2003) indicate that 29% of adults have a Basic level of prose literacy. Prose literacy refers to the knowledge and skills needed to comprehend and use information from continuous texts, such as editorials, news stories, and instructional materials. In the current study we examined each state’s capital sentencing instructions for their readability using a highly reliable word-analysis tool. We found that reading levels of sentencing instructions significantly surpassed the reading comprehension abilities of American adults. All but three states’ instructions were above the twelfth grade reading level. In addition, legal principles …

Seeing Is Believing: The Csi Effect Among Jurors In Malicious Wounding Cases, Corey Call, Amy K. Cook, John D. Reitzel, Robyn D. Mcdougle

Journal of Social, Behavioral, and Health Sciences

With the popularization of television crime shows that focus heavily on forensic science, such as CSI and its spin-offs, concerns about a new threat to jury trials have emerged in recent years. Dubbed the “CSI effect,” this phenomenon has reportedly come to influence the way jurors perceive forensic evidence at trials based on the way forensic evidence is presented on television. While the CSI effect has been the topic of much discussion throughout the popular press, the CSI effect has seldom been empirically tested. In this study, we present a selection of media accounts as well as criminological and …