The Case for Clear and Convincing Evidence: Do our Laws Value Property over Children?

Our laws reflect our values. What we value, we make laws to protect. In this article, Tricia Martland describes the child custody statute in North Dakota, which is the only state to use “clear and convincing” standard of evidence. This means that children will not be placed with parents with a history of domestic violence unless there is clear and convincing evidence of their rehabilitation. Other states deem the clear and convincing standard too stringent. Yet this standard is often used with regard to property title. Do our laws indicate that we value things over children? Changing policy to apply the same degree of protection to children that we do for property requires using the clear and convincing evidence standard

A Legal Examination of Revenge Pornography and Cyber-Harassment

This paper examines the current state of the statutes in the United States as they relate to cyber-harassment in the context of revenge porn . Revenge porn refers to websites which cater to those wishing to exploit, harass, or otherwise antagonize their ex partners using pornographic images and videos which were obtained during their relationships. The paper provide examples and illustrations as well as a summary of current statute in the United States. The paper additionally explores some of the various legal remedies available to victims of revenge pornography

Legal Issues Regarding Digital Forensic Examiners Third Party Consent to Search

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, 2009), with scenarios that illustrate the various nuances when dealing with the consent to search. From issues of common authority, conflicting consent, apparent authority, and voluntary consent, our research explores court findings and applies them to practical advice and policy formation for DFE

From Classroom to Courtroom: The Legal Advocacy Clinic as a Collaborative Effort to Address Domestic Violence Issues in the Community

Cases of domestic violence continue to make national headlines and fill court calendars across the nation. While legal and policy experts question the methodology used to address the challenging issues associated with domestic violence, most states agree on one policy that works—education and courtroom advocacy for victims. The problem facing many communities is how to find resources to provide court advocacy services to those vulnerable members of the community. One solution is found in the Legal Advocacy Clinic, a collaborative effort between an academic institution and a non-profit agency. While many law schools have provided similar services, the Legal Advocacy Clinic is the first of its kind to offer undergraduate criminal justice students the priceless opportunity to advocate for victims of domestic violence. For their part, these future police officers, lawyers, and criminal justice professionals have the opportunity to enter a courtroom and advocate on behalf of victims at no cost, providing a tremendous service to the community