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Legal Studies

2018

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Articles 1 - 30 of 45

Full-Text Articles in Social Control, Law, Crime, and Deviance

The Impact Of Gangs On Community Life In Trinidad, Ericka Adams, Patrice Morris, Edward Maguire Dec 2018

The Impact Of Gangs On Community Life In Trinidad, Ericka Adams, Patrice Morris, Edward Maguire

Faculty Publications

Trinidad and Tobago has more than 100 criminal gangs, some of which engage in high levels of homicide and violence. Recent research has shown that gang members in Trinidad and Tobago are more likely than nongang members to be arrested for violent, property, and drug crimes. As gangs continue to proliferate throughout the Caribbean, there is a pressing need to understand the nature of these gangs and their impact on the communities in which they are entrenched. Using data from interviews with community members, police officials, and gang members, as well as ethnographic observations from 10 high crime, predominantly Black …

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Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze Dec 2018

Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze

Arnaud Kurze

This project explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abidine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …

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Prison Release, Religious And Civic Contexts, And Recidivism, Samuel Carlson Thomas Iv Dec 2018

Prison Release, Religious And Civic Contexts, And Recidivism, Samuel Carlson Thomas Iv

Graduate Theses and Dissertations

Under the veil of mass incarceration many of the prisoners will be released, then later readmitted for another crime or parole/probation violations, which falls under the definition of recidivism. Criminologist have attempted to shed light on indicators that explain why some individual prisoners have higher likelihoods than others. I attempt to understand the specific context (at the county level) in which prisoners are released in one point in time and see if the context in which they are released can help explain their likelihoods of recidivating, specifically in the context of religious and civic organizations. I use data from the …

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Political Competition And Predictors Of Hate Crime: A County-Level Analysis, Eaven Holder Dec 2018

Political Competition And Predictors Of Hate Crime: A County-Level Analysis, Eaven Holder

Electronic Theses and Dissertations

Research on hate crime has tended to utilize sociological frameworks to best explain the incidence of such offending, but little research has been conducted to determine whether political factors may play a role. Although Olzak (1990) touched upon the relationship between racial violence and third-party politics during the American Progressive era (1882-1914), the research did not fully articulate how political competition may influence the commission of hate crime. The current study seeks to fill this gap, while also extending concepts associated with social disorganization theory and the defended communities perspective. It does so by utilizing a longitudinal research design to …

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Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad Nov 2018

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

All Faculty Scholarship

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …

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The Critical Need For Mental Health Education To Be Mandated In New Mexico's Public Schools, Bonnie L. Murphy Nov 2018

The Critical Need For Mental Health Education To Be Mandated In New Mexico's Public Schools, Bonnie L. Murphy

Shared Knowledge Conference

Based on a review of research and best practices in mental health awareness and skills, this inquiry project argues for state legislative policies that would require mental health awareness and skills in the K-12 curriculum. Mental health affects individual accomplishments in every stage of people’s lives beginning in early childhood and throughout the life cycle. Prevention and treatment of mental illness plays a key role in the ability of an individual to cope with loss and develop resiliency and perseverance in challenging times and to make better decisions that improve the individual’s life and the lives of those around them. …

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A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson Oct 2018

A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson

All Faculty Scholarship

It is argued here that the narrow provoked “heat of passion” mitigation available under current law ought to be significantly expanded to include not just murder but all felonies and not just “heat of passion” but potentially all mental or emotional disturbances, whenever the offender’s situation and capacities meaningfully reduce the offender’s blameworthiness for the violation. In determining eligibility for mitigation, the jury should take into account (a) the extent to which the offender was acting under the influence of mental or emotional disturbance (the psychic state inquiry), (b) given the offender’s situation and capacities, the extent to which one …

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A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou Oct 2018

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …

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Never Again! Surviving Liberalized Prostitution In Germany, Sandra Norak, Ingeborg Kraus Oct 2018

Never Again! Surviving Liberalized Prostitution In Germany, Sandra Norak, Ingeborg Kraus

Dignity: A Journal of Analysis of Exploitation and Violence

This article, co-authored by a six-year survivor of the sex trade industry in Germany (Sandra Norak) and a psychologist and trauma therapist (Ingeborg Kraus), provides perspectives on the difficulty of withstanding the coercion of traffickers and the difficulties of exiting prostitution in a country in which prostitution has been legalized, normalized and made “a job like any other.” This normalization persuades survivors to believe their traffickers that it is a legitimate occupation and encourages them to endure the violence. Liberalization also has prevented the development of needed trauma services to those seeking to exit the sex trade industry.

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Judicious Imprisonment, Gregory Jay Hall Sep 2018

Judicious Imprisonment, Gregory Jay Hall

All Faculty Scholarship

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and …

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Race, Xenophobia, And Punitiveness Among The American Public, Joseph O. Baker, David Cañarte, L. Edward Day Aug 2018

Race, Xenophobia, And Punitiveness Among The American Public, Joseph O. Baker, David Cañarte, L. Edward Day

Sociology Faculty Articles and Research

We outline four connections between xenophobia and punitiveness toward criminals in a national sample of Americans. First, among self-identified whites xenophobia is more predictive of punitiveness than specific forms of racial animus. Second, xenophobia and punitiveness are strongly connected among whites, but are only moderately and weakly related among black and Hispanic Americans, respectively. Third, among whites substantial proportions of the variance between sociodemographic, political, and religious predictors of punitiveness are mediated by levels of xenophobia. Finally, xenophobia is the strongest overall predictor of punitiveness among whites. Overall, xenophobia is an essential aspect of understanding public punitiveness, particularly among whites.

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Spreading Propaganda In Cyberspace: Comparing Cyber-Resource Usage Of Al Qaeda And Isis, Kyung-Shick Choi, Claire Seungeun Lee, Robert Cadigan Aug 2018

Spreading Propaganda In Cyberspace: Comparing Cyber-Resource Usage Of Al Qaeda And Isis, Kyung-Shick Choi, Claire Seungeun Lee, Robert Cadigan

International Journal of Cybersecurity Intelligence & Cybercrime

Terrorists in cyberspace are increasingly utilizing social media to promote their ideologies, recruit new members, and justify terrorist attacks and actions. This study explores the ways in which types of social media, message contents, and motives for spreading propaganda take shape in cyberspace. In order to empirically test these relations, we created a dataset with annual terrorism reports from 2011 to 2016. In our global cyberterrorism dataset, we used and connected cyber-resources (Facebook, online forum, Twitter mentions, websites, and YouTube videos) and legal documents of individual cases that were mentioned in the reports. The results show that YouTube videos were …

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Architecture Of Aggression In Cyberspace. Testing Cyber Aggression In Young Adults In Hungary, Katalin Parti, Tibor Kiss, Gergely Koplányi Aug 2018

Architecture Of Aggression In Cyberspace. Testing Cyber Aggression In Young Adults In Hungary, Katalin Parti, Tibor Kiss, Gergely Koplányi

International Journal of Cybersecurity Intelligence & Cybercrime

In order to test whether and how violence is exacerbated in online social networking sites, we utilized the BryantSmith Aggression Scale (Bryant & Smith, 2001), and included examples in the questionnaire offering solutions for 7 different hypothetical cases occurring online (Kiss, 2017). The questionnaire was sent to social work and law school students in Hungary. Prevalence and levels of aggression and its manifestation as violence online proved to be not more severe than in offline social relations. Law students were more aware than students of social work that online hostile acts are discrediting. Students of social work were significantly more …

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Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo Aug 2018

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

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Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon Aug 2018

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

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Risk Factors Associated With Sexual Assault Among Asian Immigrant Women In Massage Parlors, Daun Jung Jun 2018

Risk Factors Associated With Sexual Assault Among Asian Immigrant Women In Massage Parlors, Daun Jung

Student Theses

Over the past decade, Asian immigrant women have had an increasing presence in the massage parlor industry. Despite that, little is known about the risk to women in these settings. Previous research has addressed health and physical risk factors, yet there are no specific studies on risk factors for sexual assault among Asian immigrant females who engage in sexual services in massage parlors. Thus, this study aims to examine the prevalence and risk factors for sexual assault against Asian immigrant women in massage parlors. Using existing interview data to examine the relationship between these factors and sexual assault (Chin et …

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Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson Jun 2018

Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson

Electronic Theses, Projects, and Dissertations

Mental Health Courts (MHCs) are a diversion program for mentally ill offenders in lieu of incarceration. The Substance Abuse and Mental Services Administration (SAMHSA) developed these specialized court programs in the 1990’s to assist mentally ill offenders in overcoming barriers to treatment. While new laws have begun to change the way mentally ill offenders are viewed from a law enforcement standpoint, social workers’ attitudes and beliefs about these programs have not been studied. This quantitative study’s purpose was to examine Master of Social Work (MSW) Graduate students’ attitudes and beliefs of mentally ill offenders and MHCs. Social work student participants …

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Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran Jun 2018

Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran

Student Theses

This exploratory study focuses on identifying motivations for religious terrorism and Islamic terrorism in the United States in particular. Terrorism is a crime of extreme violence with the end purpose of political influence. This crime is challenging to encounter for its multi-faced characteristics, the unusual motivations of its actors, and their semi-militant conduct. The hypothesis of this study asserts that religious terrorists are radicalized by passing from fundamental to extreme devout agendas, caused by isolation from the dominant society, and resulted in high potential to impose those agendas by extreme violence. Under the theoretical framework of subculture in criminology, this …

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Does Mental Illness Affect Societal Perception Of Sex Offenders?, Keely A. Bartram Jun 2018

Does Mental Illness Affect Societal Perception Of Sex Offenders?, Keely A. Bartram

Student Theses

Although mental illness is common in the sex offender population, it has never been examined how evidence of such may influence societal perception. In comparison to the non-sex offender population, it was hypothesized that participants would consider mental illness less mitigating for sex offenders, would be less likely to support the mental health treatment of sex offenders while incarcerated, and would consider certain mental illnesses (schizophrenia and substance abuse disorders) as particularly aggravating for this group of offenders. Respondents were asked to read a short vignette and then respond to a series of questions about culpability, sentencing decisions, and mental …

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Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri Jun 2018

Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri

Student Theses

Bait questions—hypothetical questions about evidence, often used by detectives during interrogations—can activate the misinformation effect and alter jurors’ perceptions of the evidence of a case. Here, we were interested in investigating whether mock jurors’ implicit biases could amplify the magnitude of the misinformation effect. We accomplished this by manipulating the age and race of the suspect being interrogated. As an extension of Luke et al. (2017), we had participants read a police report describing evidence found at a crime scene, then read a transcript of a police interrogation where the detective used bait questions to introduce new evidence not presented …

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Contents, Adfsl May 2018

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.

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Front Matter, Adfsl May 2018

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.

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Investigating Attitude Change Through Psychoeducational Interventions, Elizabeth Claire Toal May 2018

Investigating Attitude Change Through Psychoeducational Interventions, Elizabeth Claire Toal

Student Theses

Public perception of individuals charged with sexual offenses tends to be both negative and misinformed, leading to popular support for non-evidence based harsh and punitive sentencing. These fear-based attitudes are often more impactful than research in influencing public policy or legislation regarding individuals charged with sexual offenses. Kleban and Jeglic (2012) observed that discussion-based psychoeducation about individuals charged with sexual offenses resulted in significantly fewer negative attitudes about this offending population. The current study replicated these results with the addition of a Public Service Announcement (PSA) intervention featuring an interactive psychoeducational video addressing myths and misperceptions about individuals charged with …

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Analysis Of Data Erasure Capability On Sshd Drives For Data Recovery, Andrew Blyth May 2018

Analysis Of Data Erasure Capability On Sshd Drives For Data Recovery, Andrew Blyth

Annual ADFSL Conference on Digital Forensics, Security and Law

Data Protection and Computer Forensics/Anti-Forensics has now become a critical area of concern for organizations. A key element to this is how data is sanitized at end of life. In this paper we explore Hybrid Solid State Hybrid Drives (SSHD) and the impact that various Computer Forensics and Data Recovery techniques have when performing data erasure upon a SSHD.

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Knowledge Expiration In Security Awareness Training, Tianjian Zhang May 2018

Knowledge Expiration In Security Awareness Training, Tianjian Zhang

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.

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Positive Identification Of Lsb Image Steganography Using Cover Image Comparisons, Michael Pelosi, Nimesh Poudel, Pratap Lamichhane, Devon Lam, Gary Kessler, Joshua Macmonagle May 2018

Positive Identification Of Lsb Image Steganography Using Cover Image Comparisons, Michael Pelosi, Nimesh Poudel, Pratap Lamichhane, Devon Lam, Gary Kessler, Joshua Macmonagle

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we introduce a new software concept specifically designed to allow the digital forensics professional to clearly identify and attribute instances of LSB image steganography by using the original cover image in side-by-side comparison with a suspected steganographic payload image. The “CounterSteg” software allows detailed analysis and comparison of both the original cover image and any modified image, using sophisticated bit- and color-channel visual depiction graphics. In certain cases, the steganographic software used for message transmission can be identified by the forensic analysis of LSB and other changes in the payload image. The paper demonstrates usage and typical …

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Exploring The Use Of Graph Databases To Catalog Artifacts For Client Forensics, Rose Shumba May 2018

Exploring The Use Of Graph Databases To Catalog Artifacts For Client Forensics, Rose Shumba

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud computing has revolutionized the methods by which digital data is stored, processed, and transmitted. It is providing users with data storage and processing services, enabling access to resources through multiple devices. Although organizations continue to embrace the advantages of flexibility and scalability offered by cloud computing, insider threats are becoming a serious concern as cited by security researchers. Insiders can use authorized access to steal sensitive information, calling for the need for an investigation. This concept paper describes research in progress towards developing a Neo4j graph database tool to enhance client forensics. The tool, with a Python interface, allows …

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Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D May 2018

Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D

Annual ADFSL Conference on Digital Forensics, Security and Law

Cyber-clever criminals who are aware of the consequence of using mobile phones during conducting crimes often stay away from their phones while involved in crimes. Some of them even change their handset and SIM card, subsequently. This article looks into how, intentional disassociation (and even unintentional non-use) of mobile phone in (non-cyber) crimes, can become evidential clues of the perpetrators’ involvement in criminal acts. With the help of a recent judicial episode, this article reveals how extremely careful and masterful handling of extensive and voluminous Call Details Records and tower dumps by a cyber-savvy investigating official can unearth evidential clues …

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Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac May 2018

Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac

Annual ADFSL Conference on Digital Forensics, Security and Law

Drones (also known as Unmanned Aerial Vehicles – UAVs) are a potential source of evidence in a digital investigation, partly due to their increasing popularity in our society. However, existing UAV/drone forensics generally rely on conventional digital forensic investigation guidelines such as those of ACPO and NIST, which may not be entirely fit-for-purpose. In this paper, we identify the challenges associated with UAV/drone forensics. We then explore and evaluate existing forensic guidelines, in terms of their effectiveness for UAV/drone forensic investigations. Next, we present our set of guidelines for UAV/drone investigations. Finally, we demonstrate how the proposed guidelines can be …

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Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik May 2018

Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Significant number of mobile device users currently employ anti-forensics applications, also known as vault or locker applications, on their mobile devices in order to hide files such as photos. Because of this, investigators are required to spend a large portion of their time manually looking at the applications installed on the device. Currently, there is no automated method of detecting these anti-forensics applications on an Android device. This work presents the creation and testing of a vault application detection system to be used on Android devices. The main goal of this work is twofold: (i) Detecting and reporting the presence …

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