Legal Studies Commons^™

Existing But Not Living: Neo-Civil Death And The Carceral State, Calvinjohn Nagel Smiley

Dissertations, Theses, and Capstone Projects

In 2010, the United States prison releases exceeded prison admission for the first time since the Bureau of Justice Statistics began collecting jurisdictional data in 1977. Prisoner reentry--the transition from prison to community--has grown exponentially in the 21st century. While individuals are coming home in larger quantities, many formerly incarcerated men and women lose social, political, and economic rights, otherwise known as civil death. The fundamental purpose of this dissertation is to investigate the impact of civil death on prisoner reentry. More specifically, how does the loss of civil rights construct notions of citizenship for recently released men and women? …

An Equine-Facilitated Prison-Based Program: Human-Horse Relations And Effects On Inmate Emotions And Behaviors, Keren Bachi

Dissertations, Theses, and Capstone Projects

Policy makers and correctional authorities are seeking ways to enhance effectiveness of incarceration and reduce recidivism. Equine-facilitated prison-based vocational programs aim to rehabilitate inmates. Informed by the theories of attachment and desistance, this study evaluates the emotional and behavioral effects of such an intervention utilizing a quasi-experimental methodological triangulation design.

Recidivism and disciplinary misconduct are examined by clinical data-mining of institutional records. Propensity Score Matching, binary and multinomial logistic regressions are applied in a discrete-time event history analysis. Semi-structured interviews revealing the subjective experiences of participants are analyzed via the Listening Guide methodology. Quantitative questionnaires, exploring attachment and closeness to …

Ecology Of Terrorism: Cross-National Comparison Of Terrorist Attacks, Katharine A. Boyd

Dissertations, Theses, and Capstone Projects

The term terrorism is used to describe a large range of behaviors conducted by a wide variety of groups. Terrorist groups differ in ideology, size, financial support, group longevity, and the number of alliances with other terrorist groups. Relatedly, terrorist groups conduct different number of attacks with varying intents to cause fatalities using diverse forms of violence. This study uses ecological theory to contextualize terrorist violence as a product of terrorist group traits in relation to the environmental context. It is hypothesized that terrorist violence is associated with group traits in relation to the varying political, social, and religious contexts …

"If She Can Do It, So Can I": An Ethnography Of A Supportive Living Environment For Women In The Criminal Justice System And Their Children, Regina Cardaci

Dissertations, Theses, and Capstone Projects

There are now more women in prisons and jails than at any time in United States history. A large number of these women will be returning to the community. Women returning to the community after release from prison or jail face numerous challenges to successful reentry, e.g., securing housing and employment. In addition, following separation and care of their children by others, women with children struggle to resume their roles as mother.

This dissertation is an exploration of a program that assists women transitioning from incarceration to the community. This program helps women by helping to develop job skills and …

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

The Examination Of Confidentiality In A School Based Setting, Hannan M. Dababneh, Kalisha -Koran Ayisha Vault

Electronic Theses, Projects, and Dissertations

This research study explored the policies and procedures that

education systems abide by, as well as how these policies are enforced to protect the confidentiality of dependent children’s private information from being exposed in their schools to non-relatives and uninvolved parties to their case. Elementary, middle school, and high school faculty’s perception of confidentiality was explored to identify individual competence when working with social workers during their direct contact visit with dependent children on school premises. Data collection included anonymous online surveys of 30-school faculty of various schools in the Southern California. There were no significant findings to support school …

The Punishment Should Fit The Crime—Not The Prior Convictions Of The Person That Committed The Crime: An Argument For Less Impact Being Accorded To Previous Convictions, Mirko Bagaric

San Diego Law Review

The seriousness of the offense is the main consideration that should determine the severity of criminal punishment. This cardinal sentencing principle is undermined by the reality that often the criminal history of the offender is the most decisive sentencing consideration. Recidivists are frequently sent to imprisonment for long periods for crimes, which, when committed by first-time offenders, are dealt with by a bond, probation, or a fine. This makes sentencing more about an individual’s profile than the harm caused by the offender and has contributed to a large increase in prison numbers. Intuitively, it feels right to punish repeat offenders …

Sharps, Squares, And Scalpers: Gambling In The Urban Underground, Annemarie Cesario

Dissertations, Theses, and Capstone Projects

This study was conducted to examine the role of bookmakers in urban communities. Although bookmaking dates to 1780 in London, there has been little academic research on the bookmaker, or "bookie," and his role in neighborhood life. Drawing on five years of ethnographic research across three U.S. cities, I sought to answer two questions: 1. What is the relationship between the bookie and the neighborhood he serves, and how is his deviant identity managed in the larger community; and 2. How is trust established and maintained among actors in illegal gambling transactions? Once established, does this strengthen social networks and …

Games Of Life And Death: The Judicial Uses Of Dice In Eighteenth And Nineteenth-Century Sweden, Per Binde

UNLV Gaming Research & Review Journal

Gambling studies should take a broad view of the field and consider activities that are not strictly gambling but similar to it, such as cleromancy and secular uses of drawing of lots, to give us perspective on societal and cultural aspects of gambling. This paper presents historical data on judicial uses of throwing dice in eighteenth and nineteenth-century Sweden. The focus is on cases of manslaughter with multiple perpetrators who were considered equally guilty and were forced by the criminal court to throw dice to determine who should be executed and who should receive lesser penalties. Three principles are distinguished …

Can Retributivism Be Saved?, Chad Flanders

BYU Law Review

Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …

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

Annual ADFSL Conference on Digital Forensics, Security and Law

Email is the most common and comparatively the most efficient means of exchanging information in today's world. However, given the widespread use of emails in all sectors, they have been the target of spammers since the beginning. Filtering spam emails has now led to critical actions such as forensic activities based on mining spam email. The data mine for spam emails at the University of Alabama at Birmingham is considered to be one of the most prominent resources for mining and identifying spam sources. It is a widely researched repository used by researchers from different global organizations. The usual process …

Investigative Techniques Of N-Way Vendor Agreement And Network Analysis Demonstrated With Fake Antivirus, Gary Warner, Mike Nagy, Kyle Jones, Kevin Mitchem

Annual ADFSL Conference on Digital Forensics, Security and Law

Fake AntiVirus (FakeAV) malware experienced a resurgence in the fall of 2013 after falling out of favor after several high profile arrests. FakeAV presents two unique challenges to investigators. First, because each criminal organization running a FakeAV affiliate system regularly alters the appearance of their system, it is sometimes difficult to know whether an incoming criminal complaint or malware sample is related to one ring or the other. Secondly, because FakeAV is delivered in a “Pay Per Install” affiliate model, in addition to the ring-leaders of each major ring, there are many high-volume malware infection rings who are all using …

Work In Progress: An Architecture For Network Path Reconstruction Via Backtraced Ospf Lsdb Synchronization, Raymond A. Hansen

Annual ADFSL Conference on Digital Forensics, Security and Law

There has been extensive work in crime scene reconstruction of physical locations, and much is known in terms of digital forensics of computing devices. However, the network has remained a nebulous combination of entities that are largely ignored during an investigation due to the transient nature of the data that flows through the networks. This paper introduces an architecture for network path reconstruction using the network layer reachability information shared via OSPF Link State Advertisements and the routines and functions of OSPF::rt_sched() as applied to the construction of identical Link State Databases for all routers within an Area.

Application Of Toral Automorphisms To Preserve Confidentiality Principle In Video Live Streaming, Enrique García-Carbajal, Clara Cruz-Ramos, Mariko Nakano-Miyatake

Annual ADFSL Conference on Digital Forensics, Security and Law

Most of the Live Video Systems do not preserve the Confidentiality principle, and send all frames of the video without any protection, allowing an easy “man in the middle” attack. But when it does, it uses cryptographic techniques over streaming data or makes use of secure channel systems. This generates low frame rate and demands many processor resources. In fact native Live Video Streaming demands many resources of all System.

In this paper we propose a technique to preserve confidentiality in Video Live Streaming applying a confusing visual method making use of the Toral Automorphism Spatial Transformation over each frame. …

Visualizing Instant Messaging Author Writeprints For Forensic Analysis, Angela Orebaugh, Jason Kinser, Jeremy Allnutt

Annual ADFSL Conference on Digital Forensics, Security and Law

As cybercrime continues to increase, new cyber forensics techniques are needed to combat the constant challenge of Internet anonymity. In instant messaging (IM) communications, criminals use virtual identities to hide their true identity, which hinders social accountability and facilitates cybercrime. Current instant messaging products are not addressing the anonymity and ease of impersonation over instant messaging. It is necessary to have IM cyber forensics techniques to assist in identifying cyber criminals as part of the criminal investigation. Instant messaging behavioral biometrics include online writing habits, which may be used to create an author writeprint to assist in identifying an author …

Botnet Forensic Investigation Techniques And Cost Evaluation, Brian Cusack

Annual ADFSL Conference on Digital Forensics, Security and Law

Botnets are responsible for a large percentage of damages and criminal activity on the Internet. They have shifted attacks from push activities to pull techniques for the distribution of malwares and continue to provide economic advantages to the exploiters at the expense of other legitimate Internet service users. In our research we asked; what is the cost of the procedural steps for forensically investigating a Botnet attack? The research method applies investigation guidelines provided by other researchers and evaluates these guidelines in terms of the cost to a digital forensic investigator. We conclude that investigation of Botnet attacks is both …

Development And Dissemination Of A New Multidisciplinary Undergraduate Curriculum In Digital Forensics, Masooda Bashir, Jenny A. Applequist, Roy H. Campbell, Lizanne Destefano, Gabriela L. Garcia, Anthony Lang

Annual ADFSL Conference on Digital Forensics, Security and Law

The Information Trust Institute (ITI) at the University of Illinois at Urbana-Champaign is developing an entirely new multidisciplinary undergraduate curriculum on the topic of digital forensics, and this paper presents the findings of the development process, including initial results and evaluation of a pilot offering of the coursework to students. The curriculum consists of a four-course sequence, including introductory and advanced lecture courses with parallel laboratory courses, followed by an advanced course. The content has been designed to reflect both the emerging national standards and the strong multidisciplinary character of the profession of digital forensics, and includes modules developed collaboratively …

Computer Forensics For Accountants, Grover S. Kearns

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital attacks on organizations are becoming more common and more sophisticated. Firms are interested in providing data security and having an effective means to respond to attacks. Accountants possess important investigative and analytical skills that serve to uncover fraud in forensic investigations. Some accounting students take courses in forensic accounting but few colleges offer a course in computer forensics for accountants. Educators wishing to develop such a course may find developing the curriculum daunting. A major element of such a course is the use of forensic software. This paper argues the importance of computer forensics to accounting students and offers …

Applying Memory Forensics To Rootkit Detection, Igor Korkin, Ivan Nesterov

Annual ADFSL Conference on Digital Forensics, Security and Law

Volatile memory dump and its analysis is an essential part of digital forensics. Among a number of various software and hardware approaches for memory dumping there are authors who point out that some of these approaches are not resilient to various anti-forensic techniques, and others that require a reboot or are highly platform dependent. New resilient tools have certain disadvantages such as low speed or vulnerability to rootkits which directly manipulate kernel structures, e.g., page tables. A new memory forensic system – Malware Analysis System for Hidden Knotty Anomalies (MASHKA) is described in this paper. It is resilient to popular …

The Federal Rules Of Civil Procedure: Politics In The 2013-2014 Revision, John W. Bagby, Byron Granda, Emily Benoit, Alexander Logan, Ryan Snell, Joseph J. Schwerha

Annual ADFSL Conference on Digital Forensics, Security and Law

Pre-trial discovery is perpetually controversial. Parties advantaged by strict privacy can often avoid justice when this is disadvantageous to their interests. Contrawise, parties advantaged by relaxed litigation privacy can achieve justice when all facts are accessible irrespective of their repositories, ownership or control. American-style pre-trial discovery in civil and regulatory enforcement is relatively rare around the world. U.S. discovery rules open nearly all relevant and non-privileged data for use by opposing parties. The traditional discovery process was costly and time consuming in the world of tangible paper data. However, these burdens have increased, rather than diminished as often predicted, as …