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Full-Text Articles in Legal Studies

The Cyber-Workplace – Identifying Liability Issues In The Information Age And Managing E-Risk, Nigel Wilson Apr 2008

The Cyber-Workplace – Identifying Liability Issues In The Information Age And Managing E-Risk, Nigel Wilson

Annual ADFSL Conference on Digital Forensics, Security and Law

The information age provides numerous opportunities for modern society but also presents significant challenges in identifying liability issues and in managing risk. Technological change has occurred rapidly and is continuing at the same time as other major trends and changes are taking place in society and, in particular, in the workplace. The prospect of global liability and the complexity of jurisdictional differences present a considerable hurdle to the uniform regulation of liability issues. General legislation and legal principles have been readily applied to the cyber-world and to modern business practices and the workplace. Where necessary, legislatures have introduced specific legislation …


Data Mining Techniques For Fraud Detection, Rekha Bhowmik Apr 2008

Data Mining Techniques For Fraud Detection, Rekha Bhowmik

Annual ADFSL Conference on Digital Forensics, Security and Law

The paper presents application of data mining techniques to fraud analysis. We present some classification and prediction data mining techniques which we consider important to handle fraud detection. There exist a number of data mining algorithms and we present statistics-based algorithm, decision tree-based algorithm and rule-based algorithm. We present Bayesian classification model to detect fraud in automobile insurance. Naïve Bayesian visualization is selected to analyze and interpret the classifier predictions. We illustrate how ROC curves can be deployed for model assessment in order to provide a more intuitive analysis of the models.

Keywords: Data Mining, Decision Tree, Bayesian Network, ROC …


Simple - Rethinking The Monolithic Approach To Digital Forensic Software, Craig Valli Apr 2008

Simple - Rethinking The Monolithic Approach To Digital Forensic Software, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper outlines a collaborative project nearing completion between the sec.au Security Research Group at Edith Cowan University and Western Australian Police Computer Crime Squad. The primary goal of this project is to create a software tool for use by non-technical law enforcement officers during the initial investigation and assessment of an electronic crime scene. This tool will be designed as an initial response tool, to quickly and easily find, view and export any relevant files stored on a computer, establishing if further expert investigation of that computer is warranted. When fully developed, the tool will allow investigators unprecedented real …


How Virtualized Environments Affect Computer Forensics, Diane Barrett Apr 2008

How Virtualized Environments Affect Computer Forensics, Diane Barrett

Annual ADFSL Conference on Digital Forensics, Security and Law

Virtualized environments can make forensics investigation more difficult. Technological advances in virtualization tools essentially make removable media a PC that can be carried around in a pocket or around a neck. Running operating systems and applications this way leaves very little trace on the host system. This paper will explore all the newest methods for virtualized environments and the implications they have on the world of forensics. It will begin by describing and differentiating between software and hardware virtualization. It will then move on to explain the various methods used for server and desktop virtualization. Next, it will describe the …


The Virtual Digital Forensics Lab - Expanding Law Enforcement Capabilities, Mark Mccoy, Sean A. Ensz Apr 2008

The Virtual Digital Forensics Lab - Expanding Law Enforcement Capabilities, Mark Mccoy, Sean A. Ensz

Annual ADFSL Conference on Digital Forensics, Security and Law

Law enforcement is attempting to respond to the growing and complex need to examine all manner of digital evidence using stand-alone forensic workstations and limited storage solutions. Digital forensic investigators often find their cases stalled by cumbersome and inflexible technology limiting their effectiveness. The Virtual Digital Forensics Lab (VDFL) is a new concept that applies existing enterprise host, storage, and network virtualization technologies to current forensic investigative methods. This paper details the concept of the VDFL, the technology solutions it employs, and the flexibility it provides for digital forensic investigators.

Keywords: Virtual Digital Forensics, digital forensic investigations, law enforcement, virtual …


Digital Forensic Certification Versus Forensic Science Certification, Nena Lim Apr 2008

Digital Forensic Certification Versus Forensic Science Certification, Nena Lim

Annual ADFSL Conference on Digital Forensics, Security and Law

Companies often rely on certifications to select appropriate individuals in disciplines such as accounting and engineering. The general public also tends to have confidence in a professional who has some kinds of certification because certification implies a standard of excellence and that the individual has expert knowledge in a specific discipline. An interesting question to the digital forensic community is: How is a digital forensic certification compared to a forensic science certification? The objective of this paper is to compare the requirements of a digital forensic certification to those of a forensic science certification. Results of the comparison shed lights …


The Anti-Speculation Doctrine And Its Implications For Collaborative Water Management, Sandi Zellmer Apr 2008

The Anti-Speculation Doctrine And Its Implications For Collaborative Water Management, Sandi Zellmer

Nebraska College of Law: Faculty Publications

From Texas tycoon T. Boone Pickens to former corporate conglomerate Enron, grandiose schemes to profit from large-scale, transbasin water transfers have proliferated in the past decade. Reactions range from outrage at the commoditization of this precious resource to support for letting the market and its pricing signals move water to the most efficient use. The long-standing prohibition against speculation in water is an impediment to commoditization and, consequently, water marketing in the western United States. By contrast, acquiring real estate, grain, art, and other types of property in hopes of profiting from future market fluctuations is not at all unusual. …


Town And Gown Collaboration: An Example Of University Support For The Development Of A Local Delinquency Prevention Plan, Preston Elrod Apr 2008

Town And Gown Collaboration: An Example Of University Support For The Development Of A Local Delinquency Prevention Plan, Preston Elrod

Kentucky Justice and Safety Research Bulletin

This bulletin describes the role that the College of Justice and Safety at Eastern Kentucky University has played in supporting local efforts to develop a community delinquency prevention plan. Specifically, it describes the role that the college has played in the development of a local prevention plan and presents the preliminary results of this effort. The bulletin concludes by describing the potential benefits to the community that are associated with college support for local prevention planning.


Perceptions Of Alcohol Consumption: An Examination Of Undergraduate Students' Perception Of Harmful Alcohol Consumption As A Social Problem And Its Relationship With Crime, Michael Chad Gann Apr 2008

Perceptions Of Alcohol Consumption: An Examination Of Undergraduate Students' Perception Of Harmful Alcohol Consumption As A Social Problem And Its Relationship With Crime, Michael Chad Gann

Criminology & Criminal Justice Theses - Archive

The role of law enforcement in the United States has evolved such that police officers are expected to be problem solvers as well as crime fighters. To that extent, the author begins this study as a broad examination of a social problem that plagues the United States on a day to day basis and ultimately focuses more specifically on social problems locally. It is understood that alcohol-related offenses are the leading cause of negligent deaths in the United States but the problem goes deeper than most realize. Therefore, the purpose of this study is to examine undergraduate students' perceptions of …


United States Presence In Afghanistan And Iraq: A Comparitive Analysis Of Opinions And Policy Implications, Michele L. Whitehead Apr 2008

United States Presence In Afghanistan And Iraq: A Comparitive Analysis Of Opinions And Policy Implications, Michele L. Whitehead

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to explore undergraduate student opinion regarding the continued presence of the United States military in Afghanistan and Iraq. Using a voluntary survey instrument and quantitative research methodology, this study will attempt to differentiate between variances in opinion among undergraduate students in the Criminology and Criminal Justice Department and non-Criminology and Criminal Justice majors at the University of Texas at Arlington, while examining the impact exposure to various forms of media and academic information has on the formation of perception. This study also evaluates the potential impact the result of analyzing these variables has on …


Perception Towards Airport Security As It Relates To Terrorism: An Analysis Of Criminology/Criminal Justice Majors And Non-Majors, Brittany Michelle Rodriguez Apr 2008

Perception Towards Airport Security As It Relates To Terrorism: An Analysis Of Criminology/Criminal Justice Majors And Non-Majors, Brittany Michelle Rodriguez

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to examine the knowledge and perception of airline security and safety between Criminology and Criminal Justice Majors and Non-Criminology and Criminal Justice Majors post September 11, 2001. The data for this study was obtained from a sample of Criminal Justice majors and Non-Criminal Justice majors enrolled at The University of Texas at Arlington. Questions were asked pertaining to the students' knowledge of TSA (The Transportation Security Administration) and the Air Marshals Program to determine if students were aware what security measures were in place since September 11, 2001. Furthermore, the surveys included questions regarding …


Out Of The Closet Or Under The Rug: An Analysis Of Same-Sex Domestic Violence In Idaho, Carol Mchann Apr 2008

Out Of The Closet Or Under The Rug: An Analysis Of Same-Sex Domestic Violence In Idaho, Carol Mchann

McNair Scholars Research Journal

To date, there have been a limited number of studies that focus on the events of terror and injury, identified as domestic violence, as it occurs within the lives of homosexual couples. Through a review of academic articles and an analysis of government statistical data, this paper will address the prevalence of reported incidents of domestic violence within same-sex couples in the state of Idaho as compared to those reported nationally. The incidents of same-sex domestic violence within the state of Idaho will also be compared to incidents within heterosexual couples at the state and national levels to access the …


Review Of Crime Punishment And Justice: Selected Articles From A Scholarly Career (2007) By Ulla V. Bondeson, Gordon A. Crews Apr 2008

Review Of Crime Punishment And Justice: Selected Articles From A Scholarly Career (2007) By Ulla V. Bondeson, Gordon A. Crews

Criminal Justice Faculty Publications

Crime, Punishment and Justice: Selected Articles from a Scholarly Career by Dr. Ulla V. Bondeson offers the reader exposure to twelve selected writings which represent the life, evolution, cumulative-knowledge, philosophy, and research, of a veteran international scholar. The importance of the topics examined and their historical significance (spanning 1968 to 2006) need not be argued. The concepts of crime causation, truth, justice, and justifications for punishment, are not only international issues, but universal ones.


Volume 01, Jessica Fields, Stephanie Neeley, Derek W. Hambright, Mary E. Lehman, Andrew R. Grzankowski, Zachary Johnson, Boone M. Prentice, Ashley M. Swandby, Victoria Morgan, Katie Williamson, Kristine G. Bender, Katelyn N. Romaine, D. Nicole Swann, Jessica Fox, Mike Mcateer, Alex Grabiec, Laura Nodtvedt, Nick Costa, Rachel Wolfe, Zack Dalton Apr 2008

Volume 01, Jessica Fields, Stephanie Neeley, Derek W. Hambright, Mary E. Lehman, Andrew R. Grzankowski, Zachary Johnson, Boone M. Prentice, Ashley M. Swandby, Victoria Morgan, Katie Williamson, Kristine G. Bender, Katelyn N. Romaine, D. Nicole Swann, Jessica Fox, Mike Mcateer, Alex Grabiec, Laura Nodtvedt, Nick Costa, Rachel Wolfe, Zack Dalton

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Three Decades of Digging: Undergraduate Archeology at Longwood by Jessica Fields and Stephanie Neeley

Interactions of Allelopathy and Heat Stress in Plants by Derek W. Hambright and Mary E. Lehman

Inertial Electrostatic Confinement D-D Fusion Device: Construction and Simulation by Andrew R. Grzankowski

Shackled Nim by Zachary Johnson

Development of GC-MS and Chemometric Methods for the Analysis of Accelerants in Arson Cases by Boone M. Prentice

A Comparison of Image Analysis Methods in cDNA Microarrays by Ashley M. Swandby

Perceived Sexual Activity of Short and Long-Term Relationships by Victoria Morgan and Katie Williamson

Elderly …


Race, Crime And Justice: A Fresh Look At Old Questions. Keynote Address At The New York City Bar Association/2008 Orison S. Marden Lecture On March 19, 2008 In New York, Ny., Jeremy Travis Mar 2008

Race, Crime And Justice: A Fresh Look At Old Questions. Keynote Address At The New York City Bar Association/2008 Orison S. Marden Lecture On March 19, 2008 In New York, Ny., Jeremy Travis

Publications and Research

No abstract provided.


One Size Fits All? Ghanaian Perceptions Of Law Enforcement And The Importation Of American Community Policing, Angela West Crews, Gordon A. Crews, Kofi Boye-Doe Mar 2008

One Size Fits All? Ghanaian Perceptions Of Law Enforcement And The Importation Of American Community Policing, Angela West Crews, Gordon A. Crews, Kofi Boye-Doe

Criminal Justice Faculty Research

The purpose of this presentation was to introduce a research project that the authors have ongoing with the Ghana National Police Service (Accra, Ghana, Africa). This focus of this project is to assist the Ghanaian police in the development and implementation of a “community policing” program. In 2008, a new Director of Community Policing had been hired, although she expressed that she and the officers had absolutely no training or education in theories and practices related to community policing. This presentation showcased the authors’ initial efforts to help solve that problem. Three major aspects are covered in this presentation, 1) …


One Size Fits All? Ghanaian Perceptions Of Law Enforcement And The Importation Of American Community Policing, Angela West Crews, Gordon A. Crews, Kofi Boye-Doe Mar 2008

One Size Fits All? Ghanaian Perceptions Of Law Enforcement And The Importation Of American Community Policing, Angela West Crews, Gordon A. Crews, Kofi Boye-Doe

Criminal Justice Faculty Publications

The purpose of this presentation was to introduce a research project that the authors have ongoing with the Ghana National Police Service (Accra, Ghana, Africa). This focus of this project is to assist the Ghanaian police in the development and implementation of a “community policing” program. In 2008, a new Director of Community Policing had been hired, although she expressed that she and the officers had absolutely no training or education in theories and practices related to community policing. This presentation showcased the authors’ initial efforts to help solve that problem. Three major aspects are covered in this presentation, 1) …


Academic Credit For Police And Correctional Academy Courses: The Criminal Justice Training Assessment (Cjta) Approach, Jack Greene, Sutham Cheurprakobkit, Angela West Crews, Gordon A. Crews, Prahba Unnithan, Eric C. Schultz Mar 2008

Academic Credit For Police And Correctional Academy Courses: The Criminal Justice Training Assessment (Cjta) Approach, Jack Greene, Sutham Cheurprakobkit, Angela West Crews, Gordon A. Crews, Prahba Unnithan, Eric C. Schultz

Criminal Justice Faculty Research

For the past few years, a federal grant sponsored by the Department of Justice has allowed teams consisting of faculty (from two-year and four-year colleges) and practitioners to assess the training curricula of various United States law enforcement and correctional agencies. Although traditional wisdom in academia is against viewing training academy courses as academically credible, the teams, after carefully assessing many training curricula, have agreed to give academic credit recommendation to those deserving curricula. In the end the CJTA project has not only helped to connect the academic world with the world of practitioners, but also generated rich data on …


Academic Credit For Police And Correctional Academy Courses: The Criminal Justice Training Assessment (Cjta) Approach, Jack Greene, Sutham Cheurprakobkit, Angela West Crews, Gordon A. Crews, Prahba Unnithan, Eric C. Schultz Mar 2008

Academic Credit For Police And Correctional Academy Courses: The Criminal Justice Training Assessment (Cjta) Approach, Jack Greene, Sutham Cheurprakobkit, Angela West Crews, Gordon A. Crews, Prahba Unnithan, Eric C. Schultz

Criminal Justice Faculty Publications

For the past few years, a federal grant sponsored by the Department of Justice has allowed teams consisting of faculty (from two-year and four-year colleges) and practitioners to assess the training curricula of various United States law enforcement and correctional agencies. Although traditional wisdom in academia is against viewing training academy courses as academically credible, the teams, after carefully assessing many training curricula, have agreed to give academic credit recommendation to those deserving curricula. In the end the CJTA project has not only helped to connect the academic world with the world of practitioners, but also generated rich data on …


Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain Mar 2008

Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain

Brigham Young University Journal of Public Law

No abstract provided.


Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board Mar 2008

Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board

The University of New Hampshire Law Review

Table of contents for a special issue on the topic of capital punishment.


Completely Unguided Discretion: Admitting Non-Statutory Aggravating And Non-Statutory Mitigating Evidence In Capital Sentencing Trials, Sharon Turlington Mar 2008

Completely Unguided Discretion: Admitting Non-Statutory Aggravating And Non-Statutory Mitigating Evidence In Capital Sentencing Trials, Sharon Turlington

The University of New Hampshire Law Review

[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial level for the last ten years, my perspective on the problems inherent in the system seems vastly different from that presented in academic research and even in case law. While most of the recent changes in death penalty law have focused on the right of the defendant to have sentencing enhancing elements of an offense proven to a jury beyond a reasonable doubt, much of the evidence presented in an actual death penalty jury trial is non-statutory aggravation and non-statutory mitigation. Generally, non-statutory aggravating …


The Abolitionist’S Dilemma: Establishing The Standards For The Evolving Standards Of Decency, Dwight Aarons Mar 2008

The Abolitionist’S Dilemma: Establishing The Standards For The Evolving Standards Of Decency, Dwight Aarons

The University of New Hampshire Law Review

[Excerpt] “For those who believe that the death penalty should be declared unconstitutional and that the U.S. Supreme Court is the institution that should make that declaration, these are interesting times. On one hand, the Rehnquist Court, which had previously not been a reliable friend of criminal defendants, in 2002, ruled that it was unconstitutional to execute mentally retarded defendants, and in 2005 it came to the same conclusion as to defendants who committed a capital crime before his or her eighteenth birthday. On the other hand, close scrutiny of these opinions evidences that the Court all but casts aside …


The Emerging Death Penalty Jurisprudence Of The Roberts Court, Kenneth C. Haas Mar 2008

The Emerging Death Penalty Jurisprudence Of The Roberts Court, Kenneth C. Haas

The University of New Hampshire Law Review

[Excerpt] “In 1976, four years after finding the nation’s death penalty laws to be constitutionally flawed, the U.S. Supreme Court established the parameters of modern American death penalty jurisprudence. Since then the Court has gone through several phases. The Court proceeded cautiously from 1977 to 1982, limiting the death penalty to those who committed murder in a manner deemed especially heinous and despicable by judges and juries, requiring even-handedness and consistency in capital sentencing, and insisting that sentencing authorities examine the individual characteristics of each offender and the particular circumstances of his crime. From 1983 to 2001, however, the Court …


The Death Penalty And Reversible Error In Massachusetts, Alan Rogers Mar 2008

The Death Penalty And Reversible Error In Massachusetts, Alan Rogers

The University of New Hampshire Law Review

[Excerpt] “This article will survey Massachusetts homicide cases from 1805 to 1996 in which the SJC found reversible error. For comparative purposes, the data will be grouped into three periods: from 1805, the year the SJC began to publish its decisions, to 1891, the year original jurisdiction for homicide cases was transferred from the SJC to the Superior Court; 1892 to 1939, the year Massachusetts law allowed the SJC to review the facts as well as the law of capital cases; and from 1940 to 1996, the year Chief Justice Paul Liacos resigned from the court and the importance of …


Death Is Unconstitutional: How Capital Punishment Became Illegal In America—A Future History, Jur. Eric Engle Ph.D. Mar 2008

Death Is Unconstitutional: How Capital Punishment Became Illegal In America—A Future History, Jur. Eric Engle Ph.D.

The University of New Hampshire Law Review

[Excerpt] “A constitution is an organic fact of every state: it is a part of the being of the state. People, like the state, also have a constitution—a character. Just as people change over time, so do states. But just as there are natural limits on what people can or cannot become, so there are natural limits on what the state can and cannot fairly do. No man, nor any group of men, ex ante may justly take the life of another person, though perhaps their killing may be excused (or forgiven) ex post.”

"The death of Death would surely …


Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian Mar 2008

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.


Dressed To Kill? School Dress Codes And Student Rights Vs. School Safety Issues, Michelle Belanger, Sylvere Ap Leanan, John D. Hewitt, Robert Regoli, Jeffrey P. Rush, Ereka Watson, Gordon A. Crews Mar 2008

Dressed To Kill? School Dress Codes And Student Rights Vs. School Safety Issues, Michelle Belanger, Sylvere Ap Leanan, John D. Hewitt, Robert Regoli, Jeffrey P. Rush, Ereka Watson, Gordon A. Crews

Criminal Justice Faculty Publications

•Increasing numbers of cases involving litigation around the issue of student dress/grooming codes. •Students in many of these cases are involved in Goth, Occult, or alternative belief systems and practices and have expressed their participation through their appearance (e.g., dress, make-up, jewelry). •Complex and controversial relationship between school dress/grooming codes and constitutional protections related to speech, religion, assembly, and expression.


Targeted Interventions Could Ease Maine's Prison And Jail Populations, Mark Rubin Feb 2008

Targeted Interventions Could Ease Maine's Prison And Jail Populations, Mark Rubin

Justice Policy

Overcrowding and rising costs in Maine’s corrections system have become a serious problem. In the past twenty years, the average daily population in state prisons has grown 74 percent, while county jails have grown 193 percent. To accommodate this growth, Maine, in 2004, spent $127,343,971, not including debt service, to operate the prisons and county jails. This brief examines state prison, county jail, and probation population trends since 2004 and identifies key factors driving the number of prisoners


Forensic Science, Wrongful Convictions, And American Prosecutor Discretion, Dennis J. Stevens Feb 2008

Forensic Science, Wrongful Convictions, And American Prosecutor Discretion, Dennis J. Stevens

Criminal Justice Faculty Publications

A hot controversy exists about the reliability of forensic science as reported by prime-time drama television series in bringing violent criminals to justice. This exploratory research will show that neither forensics or its fictionalised (CSI Effect) accounts, nor substantial evidence secured by police investigators, shape prosecutor decisions to charge a suspect with a crime, which can often result in freeing guilty suspects and convicting innocent individuals. In the summer of 2006, 444 American prosecutors responded to a survey. The findings reveal that judges, juries, and defence lawyers are influenced more by prime-time American drama forensic accounts than by the substantial …