Legal Studies Commons^™

Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser

Journal of Digital Forensics, Security and Law

The National Repository of Digital Forensics Information (NRDFI) is a knowledge repository for law enforcement digital forensics investigators (LEDFI). Over six years, the NRDFI has undertaken significant design revisions in order to more closely align the architecture of the system with theory addressing motivation to share knowledge and communication within ego-centric groups and communities of practice. These revisions have been met with minimal change in usage patterns by LEDFI community members, calling into question the applicability of relevant theory when the domain for knowledge sharing activities expands beyond the confines of an individual organization to a community of practice. When …

Implementing The Automated Phases Of The Partially-Automated Digital Triage Process Model, Gary Cantrell, David A. Dampier

Journal of Digital Forensics, Security and Law

Digital triage is a pre-digital-forensic phase that sometimes takes place as a way of gathering quick intelligence. Although effort has been undertaken to model the digital forensics process, little has been done to-date to model digital triage. This work discusses the further development of a model that attempts to address digital triage, the Partially-automated Crime Specific Digital Triage Process model. The model itself will be presented along with a description of how its automated functionality was implemented to facilitate model testing.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky

Journal of Digital Forensics, Security and Law

An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …

Delinquents After Exile: A Review Of Aftercare Programs, Jeremy Olson, Daniel R. Lee

Contemporary Issues in Juvenile Justice

No abstract provided.

Virtue Ethics: Analysing Emotions In A Police Interview With A Crime Suspect, Ann-Claire Larsen, Michael Crowley

Research outputs 2012

Justice goes some way to being served when statements from police interviews with suspects are admissible as evidence in court. Admissible evidence confirms that the police have worked within legal constraints and satisfied universal ethical principles that appear in the police code of conduct. Conversely, when police behave improperly and an accused person walks free, police authorities have needed to placate an outraged public by promising reforms. This article explores sections of Arthurs’ case to illustrate differences between legal and illegal police conduct when interviewing a murder suspect. Parts of the interview were admissible as legal evidence; the majority was …

Amphetamines And Western Australian Detainees: A Social Profile, Karen L. Foster

Theses: Doctorates and Masters

The current study utilised data collected from the Australian Institute of Criminology’s project known as Drug Use Monitoring in Australia (DUMA). The DUMA project examined detainees’ social demographics and past and present drug use, at various Australian sites. The current study examined secondary data as a subset of the DUMA data collected from the East Perth lockup in Western Australia. Three sections of the DUMA data were analysed in this study (i) changes in amphetamine use by detainees (ii) demographic profile of detained amphetamine users and (iii) offences for which they have been detained. Analyses included chi-square tests, Kendall’s tau_b, …

Recidivism Rates Of Youth Discharged From Supervision 2006 - 2009, Becky Noréus, Jillian Foley Mppm

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

Recidivism in this report is defined as a re‐adjudication (juvenile system) or conviction (adult system) for a new offense committed by a youth in Maine within three years after release from DJS supervision. This report measures DJS impact on youth who have been released from DJS supervision by …

Research Brief One-Sheet No.1: Late-Stage Police Crime: Is It An Exit Strategy?, Philip M. Stinson, John Liederbach, Tina L. Freiburger

Criminal Justice Faculty Publications

The study focuses on crimes committed by experienced police officers who are approaching retirement. Police scholars have traditionally been interested in the formative experiences that occur near the beginning of an officer's career, wherein the expectations of "rookie" cops clash with on-the-job realities to promote cynicism, personal anomia, and potential attachment to delinquent police subcultures. The literature suggests that officers will tend to "get into trouble" earlier in their career rather than later; but, the occurrence of "late-stage" misconduct committed by experienced police officers presents a challenge to existing assumptions regarding the relationship between experience and various forms of police …

When The Abyss Looks Back: Treatments Of Human Trafficking In Superhero Comic Books, Bond Benton, Daniela Peterka-Benton

Department of Justice Studies Faculty Scholarship and Creative Works

Superhero comic book characters have historically engaged issues of social concern. From Superman’s opposition to the Ku Klux Klan in 1947 (Bowers, 2011) to Captain America’s acceptance of a gay soldier in 1982 (Witt, Sherry, & Marcus, 1995) to Batman’s stance against landmines in 1996 (O’Neil, 1996), stories involving superheroes have frequently demonstrated a developed social awareness on national and international problems. Given that the audience for superhero characters is often composed of young people, this engagement has served as a vehicle for raising understanding of issues and as tool for encouraging activism on the part of readers (McAllister, 1992; …

Police Crime & Less-Than-Lethal Coercive Force: A Description Of The Criminal Misuse Of Tasers, Philip M. Stinson, Bradford W. Reyns, John Liederbach

Criminal Justice Faculty Publications

This study explores and describes the nature and character of cases that involve the criminal misuse of TASERs by police officers through a content analysis of newspaper articles. The news-based content analysis identified 24 police officers who were arrested for crimes that involved inappropriate use of TASERs over a 65 month period from January 2005 through May 2010. Data on these cases are presented in terms of: a) the arrested officer, b) victim characteristics, and c) the situational context of these events. The news-based content analyses were used to identify and describe some factors that were common among these events, …

Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, “Confucian Virtue Jurisprudence,” reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition.

This essay provides a sketch of our contemporary version of Confucian virtue jurisprudence, including a view of …

Risky Businesses: A Micro-Level Spatiotemporal Analysis Of Crime, Place, & Business Establishment Type, Christopher R. Herrmann

Dissertations, Theses, and Capstone Projects

Continuing advances in the fields of environmental criminology and geographical information sciences are facilitating place-based research. One of the current trends in environmental criminology is the focus on micro-level `places' including street segments, property lots, and specific kinds of buildings and facilities in understanding crime patterns and the opportunity structure that permits crime. Despite important findings on the concentration of crime in urban areas, there continues to be substantial gaps in our knowledge about micro-level spatiotemporal patterns of crime. These gaps in micro-level environmental criminology research have primarily been a result of the lack of access to data, availability of …

Exploring Change In Local Criminal Justice Systems: An Examination Of The Implementation Of The Justice Reinvestment At The Local Level Model In Three U.S. Counties, Suzanne Rebecca Neusteter

Dissertations, Theses, and Capstone Projects

Tough on crime policies in the U.S. began to emerge in the 1970s and steeply escalated through the 1980s and 1990s, prompting massive growth of correctional populations and criminal justice costs. Although many of these policy and legislative reforms were enacted at the federal and state levels, they have trickled down and greatly affected localities across the country. The recent economic downturn has exerted additional pressures on local governments. These factors have prompted the development of a number of planned change strategies designed to curb the escalating growth and related costs in criminal justice systems. One such approach, Justice Reinvestment …

How Porous Are The Walls That Separate Us?: Transformative Service-Learning, Women’S Incarceration, And The Unsettled Self, Coralynn V. Davis, Carol Wayne White

Faculty Journal Articles

In this article, we refine a politics of thinking from the margins by exploring a pedagogical model that advances transformative notions of service learning as social justice teaching. Drawing on a recent course we taught involving both incarcerated women and traditional college students, we contend that when communication among differentiated and stratified parties occurs, one possible result is not just a view of the other but also a transformation of the self and other. More specifically, we suggest that an engaged feminist praxis of teaching incarcerated women together with college students helps illuminate the porous nature of fixed markers that …

The Effects Of Defendant And Juror Language Use On Sentencing Recommendations, Victoria Christine Estrada

Open Access Theses & Dissertations

Spanish-language testimony is an extra-legal variable not widely studied in the legal psychology field. More emphasis has been placed on the translation of the testimony as well as accent attitudes. The current study extended research conducted by Stephan and Stephan (1986) to investigate the impact of Spanish-speaking defendants and mock-juror's language use and proficiency on sentencing recommendations. Two hundred and seventy-seven participants from the University of Texas at El Paso read a case vignette of a first-degree aggravated assault and asked were asked to provide sentence recommendations for the defendant. The defendant's testimony was presented in English or Spanish with …

How The "Unintended Consequences" Story Promotes Unjust Intent And Impact., Martha T. Mccluskey

Journal Articles

In the guise of critical analysis of the limits of law reform, the familiar phrase “unintended consequences” serves to rationalize rising inequality and to undermine democratic accountability. This paper examines how the phrase promotes a story of disentitlement, using the recent financial crisis as an example. By naturalizing inequality as power beyond law’s reach, this phrase’s message that benign law is likely to bring unequal consequences dovetails with a seemingly contradictory message that benign intent, rather than harmful impact, is what primarily counts for evaluating inequality.

As part of a LatCrit XV symposium taking a “bottom-up” view of the recent …

Together Again, John Henry Schlegel

Journal Articles

No abstract provided.

A Family Affair: The Effects Of Familial Relations On Offender Recidivism, Kenneth Tarez Kelso

Wayne State University Dissertations

Prisoner recidivism has and continues to impact families and communities. Traditional methods aimed at reducing this phenomenon have had little success in curtailing this problem. One obvious but often overlooked tool that may play a significant role in dealing with this issue is the importance of family relationships. This dissertation quantitatively examines offender's perceptions of the importance of family relations, specifically the relationships with the offender's children, spouse or significant other. These relationships are analyzed to determine their level of impact on prison misconduct and parole recidivism.

Response data from 102 male ex-offenders from the years of 2009 to 2010 …

John Marshall, Gordon A. Crews

Criminal Justice Faculty Publications

John Marshall was the Chief Justice of the United States Supreme Court between 1801 and 1835. His court opinions during this period provided the foundation for constitutional law in the United States and helped move the U.S. Supreme Court into the center of power in the American criminal justice system, capable of overruling Congress. Marshall still remains the longest-serving Chief Justice and is known for reinforcing the principle that federal courts are obligated to exercise judicial review and must examine laws purported by citizens to violate the U.S. Constitution. During his service, he helped establish the Supreme Court as the …