Legal Studies Commons^™

Preparing The Young Offender For Return To Society: A Theoretical Evaluation Of Guyanese Juvenile Delinquents' Narratives Based On General Treatment Models, Bertlyn Gretna Reynolds

Wayne State University Dissertations

The site of the study is a co-educational detention center known as the New Opportunity Corps (NOC), located in a former British colony of South America, now known as Guyana. Forty- eight detainees of this institution, which is also legally designated a training school, were interviewed about their backgrounds, daily activities and plans for the future. These structured interviews were used to test the central tenets of Sociological theories with some bearing on crime. Some of the findings are presented in the form of narrative analysis which includes discussion of various factors likely to have caused their juvenile delinquency. Family …

Assessing Harm Reduction A Qualitative Investigation About The Impact Of Therapeutic Jurisprudence On Non-Completing Drug Court Clients, Traci R. Francis

Electronic Theses and Dissertations

Currently, the drug court treatment outcome literature provides little guidance about examining clients that fail to complete drug court. Typically, only successful clients are tracked and measured for outcome success characteristics and not much is known about unsuccessful client outcomes. A large portion of individuals who begin drug court do not complete the program. With unsuccessful rates ranging from 34 to 73%, it seems reasonable to examine the outcome of these cases. Ignoring this phenomenon is problematic because various stakeholders remain uninformed about the drug court model’s full effectiveness. The focus on successful clients may fail to fully capture and …

The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …

Studying Rape Through A Theorectical Lens: The Development Of A Serial Rape Model Using Fbi Data, Brooke Smith

Open Access Theses & Dissertations

The current study assessed whether there is an empirical foundation for different theories of rape including the feminist, evolutionary, social disorganization, psychopathy, and rapist type theories. Using a data set from the Federal Bureau of Investigation (FBI) on serial rapists collected in the early 1990's, the study included two phases. The first phase assessed whether FBI data supported the previously mentioned theories of rape by analyzing associations between individual variables that are thought to support each theory. Support was demonstrated for the evolutionary and psychopathy theories. Using MPlus statistical software to accommodate the multi-level nature of the data, the second …

Judicial Instructions And The Juror’S Ability To Disregard Inadmissible Evidence: Can Varying The Timing And Content Of Judicial Instructions Influence Juror Decision-Making?, Courtney Hougham

Dissertations, Theses, and Capstone Projects

During the course of a trial, a judge will instruct the jury on how they are to act and reach decisions. The purpose of this study was to examine the effect of different judicial instructions on a juror's ability to evaluate testimony. The research looked at how instructions can interact with a juror's ability to disregard a piece of evidence ruled inadmissible for different reasons. The design was a 3x5 complete factorial design. The stimulus material was a murder trial summary with weak evidence against the defendant, with the key piece of testimony being a hair found on the victim …

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle

CMC Senior Theses

Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …

The Relative Recoverability Of Dna And Rna Profiles From Forensically Relevant Body Fluid Stains, Charly Parker

Electronic Theses and Dissertations

Biological material (fluids or tissues) whether from the victim or suspect is often collected as forensic evidence, and methods to obtain and analyze the DNA found in that material have been well established. The type of body fluid (i.e. blood, saliva, semen, vaginal secretions, and menstrual blood) from which the DNA originated is also of interest, and messenger RNA typing provides a specific and sensitive means of body fluid identification. In order for mRNA profiling to be utilized in routine forensic casework, RNA of sufficient quantity and quality must be obtained from biological fluid stains and the methods used for …

What Is Originalism? The Evolution Of Contemporary Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Debates over “originalism” have been a central focus of contemporary constitutional theory for three decades. One of the features of this debate has been disagreement about what “originalism” is. More worrisome is the possibility that the arguments between contemporary originalists and their opponents, the “living constitutionalists”, are confused–-with each side of the debate making erroneous assumptions about the content of their opponent’s theories.

The aim of this chapter is to clarify these debates by providing a history of contemporary originalism and then developing an account of the core or focal content of originalist theory. The history reveals that contemporary originalist …

Corporate Speech In The Wake Of Citizens United V. Federal Election Commission, Eric Groonwald

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper provides an overview of the Citizens United v. Federal Election Commission Supreme Court case and subsequent ruling. Discussion includes the impact on corporate electoral speech, current disclosure and disclaimer laws and reform options.

The Function Of Indigenous Law In A Modern Economic And Political State: The Cameroon Scenario, Victoria M. Time

Sociology & Criminal Justice Faculty Publications

Using Cameroon as a case study, this research examines if a legal system built primarily upon indigenous laws can serve modern economic, political, and social realities. Indigenous laws have several attractive advantages (such as expediency in dispute resolution, and fostering community cohesiveness), and may fully thrive in a homogenous society. However, after examining the realities in Cameroon, the study concludes that since the society has dozens of tribes with values and traditions which are invariably different, and because the country relies on foreign aid, what is advocated is a system whereby indigenous and formal laws co-exist.

Potential Responses To The Melendez-Diaz Line Of Cases, Richard D. Friedman

Articles

Criminal prosecution is increasingly dependent on proof of the results of forensic laboratory tests. They are used, for example, to prove that a given substance contains cocaine; the prove what a driver’s blood alcohol content was; and to demonstrate that the DNA profile of some substance found at the crime scene matches that of the accused.

In Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), the United States Supreme Court resolved a question that had divided the lower courts in the wake of Crawford v. Washington, 541 U.S. 36 (2004). The Melendez-Diaz Court held by a 5-4 vote that forensic laboratory …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A Survey Of Contemporary Enterprise Storage Technologies From A Digital Forensics Perspective, Gregory H. Carlton, Joseph Matsumoto

Journal of Digital Forensics, Security and Law

As the proliferation of digital computational systems continue to expand, increasingly complex technologies emerge, including those regarding large, enterprise-wide, information storage and retrieval systems. Within this study, we examine four contemporary enterprise storage technologies. Our examination of these technologies is presented with an overview of the technological features of each offering and then followed with a discussion of the impact of these technologies on digital forensics methods, particularly regarding forensic data acquisition. We offer a general opinion concerning a recommended data acquisition method when faced with the task of obtaining a forensic image of data contained within these technologies, we …

Legal Issues Regarding Digital Forensic Examiners Third Party Consent To Search, Thomas Lonardo, Doug White, Tricia P. Martland, Alan Rea

Journal of Digital Forensics, Security and Law

This paper focuses on Federal law as it relates to consent to search relating to Fourth Amendment privacy in the practice of Digital Forensics. In particular, Digital Examiners should be aware of how decisions in Federal Court may impact their ability to acquire evidence in both civil and criminal settings. Digital Forensics, being a relatively new field, is particularly subject to change as cases and appeals are decided. This paper provides an overview of relevant case law relating to issues in Digital Forensics. More importantly, our research provides Digital Forensic Examiners (DFE), as defined by Lonardo, White, and Rea (2008, …

Exploring The Iphone Backup Made By Itunes, Mario Piccinelli, Paolo Gubian

Journal of Digital Forensics, Security and Law

Apple’s™ iPhone™ is one of the widest selling mobile on the market, thanks to its simple and user-friendly interface and ever growing pool of available high quality applications for both personal and business use. The increasing use of the iPhone leads forensics practitioners towards the need for tools to access and analyze the information stored in the device. This research aims at describing the process to forensically analyze a logical backup of an iPhone made by the Apple iTunes™ utility, understanding the backup’s structure, and creating a simple tool to automate the process of decoding and analyzing the data. In …

A Case Study In Forensic Analysis Of Control, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper describes a case study in which a method for forensic analysis of control was applied to resolve probative technical issues in a legal action. It describes one instance in which the analysis was successfully applied without challenge, addresses the details of most of the different facets of the analysis method, and demonstrates how such analysis provides a systematic approach to using technical methods to address legal issues as a case study.

Extraction Of Electronic Evidence From Voip: Forensic Analysis Of A Virtual Hard Disk Vs Ram, David Irwin, Jill Slay, Arek Dadej, Malcolm Shore

Journal of Digital Forensics, Security and Law

The popularity of Voice over the Internet Protocol (VoIP) is increasing as the cost savings and ease of use is realised by a wide range of home and corporate users. However, the technology is also attractive to criminals. This is because VoIP is a global telephony service, in which it is difficult to verify the user’s identification. The security of placing such calls may also be appealing to criminals, as many implementations use strong encryption to secure both the voice payload as well as to control messages making monitoring such VoIP calls difficult since conventional methods such as wire-tapping is …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Book Review: Ios Forensic Analysis: For Iphone, Ipad And Ipod Touch, Christopher Schulte

Journal of Digital Forensics, Security and Law

As Digital Forensics practitioners, we know that our discipline is constantly evolving. Keeping abreast means we need to continually refine and broaden our knowledge pools through experience, education, research, peer exchange, and more. Mobile device forensics can be especially dynamic and challenging. With multiple standards in place at the hardware, operating system, and user interface levels, it can be daunting to preserve, analyze, search and report on these tiny yet ubiquitous hand-held computers. Apple Computer’s line of mobile products (iOS devices - iPhone, iPad, iPod Touch) is no exception to this rule.

Column: Every Last Byte, Simson Garfinkel

Journal of Digital Forensics, Security and Law

Inheritance powder is the name that was given to poisons, especially arsenic, that were commonly used in the 17th and early 18th centuries to hasten the death of the elderly. For most of the 17th century, arsenic was deadly but undetectable, making it nearly impossible to prove that someone had been poisoned. The first arsenic test produced a gas—hardly something that a scientist could show to a judge. Faced with a growing epidemic of poisonings, doctors and chemists spent decades searching for something better