Legal Studies Commons^™

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 …

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.

The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Scholarly Works

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen’s low-level conviction will not reliably indicate guilt …

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 …

Value Of Social Science Research Often Measured By What You Don't See, Roberto Hugh Potter

UCF Forum

In early April, our UCF colleagues at the Florida Space Institute secured a $55 million grant to produce an instrument for space research. Congratulations!

A Study Of Smith County Alternative Incarceration Center Participants, Anna Tumlinson

Criminal Justice Theses

The purpose of this study is to determine if there was an appreciable difference in the success of Alternative Incarceration Center (Smith County, Texas) participants when on regular probation comparative to probationers who did not participate in the AIC program. The study uses quantitative and qualitative data obtained through self-report surveys and personal interviews. The results do not reveal statistically significant differences in the success rates of the AIC and non-AIC probationers; however, quantitative and qualitative data provided valuable insights about the intensive supervision model of the AIC from the probationer’s and probation officer’s points of view. Further study with …

The Crisis Of Secularism: How Democracy Fuels Moral Panics And Religious Fundamentalism, Pedja Ilic

Themis: Research Journal of Justice Studies and Forensic Science

While identifying humanity’s most cherished ideals, there is one notion that ultimately supplants all others: the notion of freedom. The concept itself and its encompassing rhetoric have been utilized ad nauseam by virtually all contemporary social orders to validate the levels of civilizational maturity and, perhaps more importantly, to set goals to which the same should strive. However, irrespective of its categorical position at the very summit of conscious human existence, its interpretational elasticity allows for a diminishing number of concessions. This paper offers critique and examines interactions between multiculturalism, cultural relativism, religion, and secularism within contemporary Western societies. It …

Reducing California's Overcrowded Prison Population, Morgan Macdonald

Themis: Research Journal of Justice Studies and Forensic Science

This paper evaluates how “tough on crime” sentencing policies have influenced California's prison population. Several laws which make up the state's strict criminal justice practices were passed over the course of forty years without consideration for their impact on the state's budget and safety. Beginning with the Uniform Determinate Sentencing Act of 1976, the state has created an unsustainable prison system that will dissolve without increased public funding. However, California’s depleted economic condition has forced policymakers to reevaluate the state's criminal justice agenda, while complying with the three- judge court order to reduce its incarcerated population to 137.5 percent of …

The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber

Themis: Research Journal of Justice Studies and Forensic Science

Society’s construction of what is acceptable and what is the norm excludes those struggling with the issue of gender identity. Stigmatization of the trans-community has led to a number of issues that have ostracized this group of individuals and created a divide within society. Judgments, misconduct, and assumptions about transgendered and transsexual individuals come as a result of a lack of awareness and knowledge regarding this misrepresented group of people. The unfortunate truth of the matter is that there is no quick fix to the issue at hand. Educating society, changes in policy and the practicing of social acceptance is …

Confirmation Bias: The Pitfall Of Forensic Science, Scott Moser

Themis: Research Journal of Justice Studies and Forensic Science

As it stands, forensic science and its practitioners are held in high regard in criminal court proceedings due to their ability to discover irrefutable facts that would otherwise go unnoticed. Nevertheless, forensic scientists can fall victim to natural logical fallacies. More specifically, confirmation bias is “a proclivity to search for or interpret additional information to confirm beliefs and to steer clear of information that may disagree with those prior beliefs” (Budlowe et al., 2009, p. 803). To restore the integrity of the forensic sciences, the sources of confirmation bias need to be identified and eliminated. Accordingly, empirical studies have given …

Comparing Wearer Dna Sample Collection Methods For The Recovery Of Single Source Profiles, Corissa J. Harris, Amanda J. Cardenas, Steven B. Lee, Brooke Barloewen

Themis: Research Journal of Justice Studies and Forensic Science

Wearer DNA is the deposit of epithelial cells on clothing worn by an individual. Detection of the last individual to handle or wear an item is often an important and desirable determination in forensic science. The most commonly used collection methods for wearer DNA include swabbing and scraping. These often result in mixture profiles. Recently, adhesives have been introduced as a possible reliable method for the collection of biological evidence. The goal of the research was to compare the current collection methods of swabbing and scraping with a gel film called Gel-Pak ‘0’ which shares similar properties with adhesives. Gel-Pak …

Forensic Investigation Of Stamped Markings Using A Large-Chamber Scanning Electron Microscope And Computer Analysis For Depth Determination, Eric Douglas Jones

Masters Theses & Specialist Projects

All firearms within the United States are required by the Gun Control Act to be physically marked with a serial number; which is at least 0.003” in depth and 1/16” in height. The purpose of a serial number is to make each firearm uniquely identifiable and traceable. Intentional removal of a serial number is a criminal offense and is used to hide the identity and movements of the involved criminal parties. The current standard for firearm serial number restoration is by chemical etching; which is time & labor intensive as well as destructive to the physical evidence (firearm). It is …

Review Of Capote’S In Cold Blood, Yevgeniy Mayba

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.