Legal Studies Commons^™

A Statewide Analysis Of The Impact Of Restitution And Fees On Juvenile Recidivism In Florida Across Race & Ethnicity, Alex R. Piquero, Michael T. Baglivio, Kevin T. Wolff

Publications and Research

Whether the imposition of monetary sanctions is related to juvenile recidivism is explored overall and across race and ethnicity. Leveraging a statewide sample, logistic regression was used to predict fees and restitution assignment based on youth/case characteristics, hierarchical linear and logistic random-effects regression examined the association between neighborhood characteristics with fees and restitution, and propensity score matching examined whether fees and/or restitution are related to reoffending. No race/ethnic differences were found in the proportion of youth receiving court fees, yet when fees were administered both black and Hispanic youth received higher fees. Neighborhood characteristics have minimal impact on whether (or …

Weird Winter Weather In The Anthropocene: How Volatile Temperatures Shape Violent Crime, Christopher Thomas, Kevin T. Wolff

Publications and Research

Purpose: Current evidence suggests volatile temperatures are becoming more common because of climate change and can be expected to become even more frequent in the future. By focusing on recent temperature variability, we attempt to estimate one important dimension of the impact of climate change on violent crime. We also explore whether sudden upward temperature anomalies have stronger positive impacts on violent crime in the coldest months of the year, as routine activities are likely to change more drastically during this period.

Methods: This study explores the association between sudden temperature anomalies (both upward and downward) and the daily incidence …

Dynamic Risk Trajectories, Community Context, And Juvenile Recidivism, Kevin T. Wolff, Michael T. Baglivio, Jonathan Intravia

Publications and Research

Purpose

While the implementation of risk assessment has expanded, the extent to which there are different trajectories of risk/protective factors among adjudicated youth during supervision in the community remains unanswered. The goal of the current study is to identify the distinct trajectories in dynamic risk and protective factors among youth on probation and assess whether different patterns in risk over time are associated with continued offending.

Method

Group-based trajectory modeling is used to identify distinct trajectories across multiple domains of risk/need. The individual- and neighborhood-level factors associated with these trajectories are then explored, prior to examining their relationship to continued …

Housing Discrimination In New York City’S Housing Voucher Program, Tashana Brooks

Publications and Research

The Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968, prohibits discrimination from selling or renting a dwelling to any person because of race, color, disability, religion, sex, family status, and national origin. The federal government provides rental subsidies for many low-income renters through government programs. Rental assistance such as Section 8 vouchers administered by Housing and Urban Development is considered a lawful source of income for paying rent; however, many landlords or realtors discriminate against individuals utilizing Section 8 vouchers. According to the New York City Human Rights Law, this is illegal. The …

Must Consent Be Informed? Patient Rights, State Authority, And The Moral Basis Of The Physician's Duties Of Disclosure, D. Robert Macdougall

Publications and Research

Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions.

What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an …

Testing The Waters: An Investigation Of The Impact Of Hot Tubbing On Experts From Referral Through Testimony, Jennifer T. Perillo, Anthony D. Perillo, Nikoleta Despodova, Margaret Bull Kovera

Publications and Research

Objective: The present research examined whether concurrent expert testimony (“hot tubbing”) and court appointed testimony reduced adversarial allegiance in clinical experts’ judgments compared with traditional adversarial expert testimony. Hypotheses: We predicted Hypothesis 1: Defense experts would render more not responsible judgments and lower ratings of criminal responsibility than would prosecution experts; Hypothesis 2: Adversarial allegiance effects on experts’ judgments would be heightened for adversarial experts and attenuated for concurrent experts over time; Hypothesis 3: Adversarial and concurrent experts would report higher dissonance than would court-appointed experts and adversarial experts’ ratings would increase over time, concurrent experts’ ratings would decrease, and …

The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood

Publications and Research

Image-based sexual abuse (IBSA), commonly known as revenge pornography, is a type of cyberharassment that often results in detrimental effects to an individual's career and livelihood. Although there exists valuable research concerning cyberharassment in the workplace generally, there is little written about specifically IBSA and the workplace. This chapter examines current academic research on IBSA, the issues with defining this type of abuse, victim blaming, workplace policy, and challenges to victim-survivors' redress. The authors explore monetary motivation for websites that host revenge pornography and unpack how the dark web presents new challenges to seeking justice. Additionally, this chapter presents recommendations …

Immigrants And Crime, Daniel L. Stageman

Publications and Research

The gap between public perception of immigrant criminality and the research consensus on immigrants’ actual rates of criminal participation is persistent and cross-cultural. While the available evidence shows that immigrants worldwide tend to participate in criminal activity at rates slightly lower than the native-born, media and political discourse portraying immigrants as uniquely crime-prone remains a pervasive global phenomenon. This apparent disconnect is rooted in the dynamics of othering, or the tendency to dehumanize and criminalize identifiable out-groups. Given that most migration decisions are motivated by economic factors, othering is commonly used to justify subjecting immigrants to exploitative labor practices, with …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Did Juvenile Domestic Violence Offending Change During Covid-19?, Michael T. Baglivio, Kevin T. Wolff, Joan A. Reid, Sherry L. Jackson, Alex R. Piquero

Publications and Research

The current study adds some of the first light into the initial impacts of the largest global health crisis in a generation on family and domestic violence, the long-term repercussions of which may take decades to unpack. Statewide trends in juvenile arrests for domestic violence (DV)-related offending are examined, taking into account school closures for in-person learning in March 2020 and the subsequent mandate for an in-person learning option in Florida in August 2020. Additionally, trends by sex, race/ethnicity, and severity of the offense are examined. Contrasting with growing studies demonstrating an increase in DV-related arrests among adults, we find …

Anti-Lgbtq Hate: An Analysis Of Situational Variables, Jill Kehoe

Publications and Research

The current study aimed to augment the scant body of literature on anti-LGBTQ hate by providing an in-depth examination of anti-LGBTQ hate incident situational characteristics including offender substance use, number of offenders, crime location, and victim-offender relationship. Analysis of situational dynamic variables provided support for the notion that anti-LGBTQ hate is a distinct type of criminal incident. Significantly increased levels of offender substance use, crimes perpetrated by multiple offenders, crimes perpetrated by acquaintances, and crimes taking place in open spaces substantiates the theory that anti-LGBTQ hate is qualitatively unique, typified by different characteristics than other forms of crime. The data …

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …

The United Nations Declaration On The Rights Of Peasants And Other People Working In Rural Areas, Marc Edelman, Priscilla Claeys

Publications and Research

In December 2018, the United Nations adopted the Declaration on the Rights of Peasants and Other People Working in Rural Areas. UNDROP is the product of 17 years of struggle by La Via Campesina, other transnational agrarian movements and allies that included NGOs, states, UN mandate holders, and academics. It recognises the dignity of rural populations, their contributions to global food production, and their ‘special relationship’ to land, water and nature, as well as their vulnerabilities to eviction, hazardous working conditions and political repression. It reiterates rights protected in other instruments and sets new standards for individual and collective rights …

Racial Disparities In The United States Criminal Justice System: “With Liberty And Justice For All?”, Remi Alapo, David Rockefeller

Publications and Research

Racial discrimination remains a prevalent issue in the contemporary U.S. despite efforts to promote equality. Many young African American and Hispanic males are easy target for law enforcement agents. Minorities experience a higher and more unfair form of racial discrimination, racial profiling, police brutality, unfair sentencing, and mass incarceration for offences which are the same or less than those committed by White males. The rate of incarceration in the United States is five to eight times higher than most developed countries, and Black males constitute the largest percentage of inmates in the U.S. prison system. Once arrested, Black Americans are …

Sometimes Merely As A Means: Why Kantian Philosophy Requires The Legalization Of Kidney Sales, D. Robert Macdougall

Publications and Research

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can …

An Information Theory Approach To Hypothesis Testing In Criminological Research, Gohar A. Petrossian, Mike Maxfield

Publications and Research

Background: This research demonstrates how the Akaike information criterion (AIC) can be an alternative to null hypothesis significance testing in selecting best fitting models. It presents an example to illustrate how AIC can be used in this way.

Methods: Using data from Milwaukee, Wisconsin, we test models of place-based predictor variables on street robbery and commercial robbery. We build models to balance explanatory power and parsimony. Measures include the presence of different kinds of businesses, together with selected age groups and social disadvantage.

Results: Models including place-based measures of land use emerged as the best models among the set of …

Fair Use As Creative Muse: An Ongoing Case Study, Malin Abrahamsson, Stephanie Margolin

Publications and Research

In this chapter, the authors describe various copyright-related lessons that they've presented to faculty and students at their institution.

Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman

Publications and Research

Given that we must prepare students for the future workforce today how can we use the power of Open Educational Resources (OERs) and Digital Social Science research to improve student learning and help students develop technical skills needed for the high-tech workforce? In this article, we use transformative learning theory (Mezirow, 1978) and Digital + Critical Participatory Action Research (D+CPAR) to analyze the effectiveness of integrating OERs into a course and reflect on how we used OERs to support student learning and make civic engagement more equitable at an urban community college. In a criminal justice course analyzing the legal …

Geografía Abolicionista Y El Problema De La Inocencia, Ruth Wilson Gilmore

Publications and Research

Resumen:

En el presente artículo se analizan las geografías carcelarias en los Estados Unidos, desde el despliegue del capitalismo racial. La geógrafa afroamericana parte de la tesis de que las prisiones contemporáneas son extractivas, es decir, extraen personas y, cuando, en el mejor de los casos, no hacen parte de los altos índices de las muertes prematuras, las expulsan al mundo sin el derecho a ser ellas, dinámica que estimula la circulación rápida de flujos de dinero. Frente a esta topografía anuladora de la vida, la también activista afroamericana reflexiona sobre su experiencia en contra del complejo militar carcelario, el …

Book Review: Rethinking Prison Reentry: Transforming Humiliation Into Humility, Joni Schwartz

Publications and Research

Review of the book:

Gaskew, T. (2014). Rethinking prison reentry: Transforming humiliation into humility. Lanham, MD: Lexington Books. ISBN: 978-0-7391-8312-0.

Species Identification Of Necrophagous Insect Eggs Based On Amino Acid Profile Differences Revealed By Direct Analysis In Real Time-High Resolution Mass Spectrometry, Justine E. Giffen, Jennifer Y. Rosati, Cameron M. Longo, Rabi A. Musah

Publications and Research

The colonization of decomposing remains by necrophagous insects such as blow flies is of forensic importance because the progression through the various stages of insect development can be correlated to time of death. The ability to infer this information hinges on accurate determination of the fly species that are associated with the entomological evidence collected. This evidence can include eggs, larvae, pupae, and puparial casings. Determination of the egg’s identity is particularly challenging because the eggs of multiple species are morphologically very similar. We report here that the species identity of fly eggs can be determined from their chemical fingerprint …

Prospective Prediction Of Juvenile Homicide/Attempted Homicide Among Early-Onset Juvenile Offenders, Michael T. Baglivio, Kevin T. Wolff

Publications and Research

While homicide perpetrated by juveniles is a relatively rare occurrence, between 2010 and 2014, approximately 7%–8% of all murders involved a juvenile offender. Unfortunately, few studies have prospectively examined the predictors of homicide offending, with none examining first-time murder among a sample of adjudicated male and female youth. The current study employed data on 5908 juvenile offenders (70% male, 45% Black) first arrested at the age of 12 or younger to prospectively examine predictors of an arrest for homicide/attempted homicide by the age of 18. Among these early-onset offenders, males, Black youth, those living in households with family members with …

Quantitative Analysis Of Opioids And Cannabinoids In Wastewater Samples, Alethea Jacox, Jillian Wetzel, Shu-Yuan Cheng, Marta Concheiro-Guisan

Publications and Research

Wastewater-based epidemiology is an innovative approach that uses the analysis of human excretion products in wastewater to obtain information about exposure to drugs in defined population groups. We developed and validated an analytical method for the simultaneous determination of opioids (morphine, oxycodone, hydrocodone, oxymorphone and hydromorphone), and cannabinoids (Δ⁹-tetrahydrocannabinol, 11-nor-9-carboxy-tetrahydrocannabinol (THCCOOH) and THCCOOH-glucuronide) in raw-influent wastewater samples by ultra-high performance liquid chromatography-tandem mass spectrometry. Method validation included linearity (5–1 000 ng/L for opioids, 10–1 000 ng/L for cannabinoids), imprecision (<21.2%), accuracy (83%–131%), matrix effect (from –35.1% to –14.7%) and extraction efficiency (25%–84%), limit of detection (1–5 ng/L) and quantification (5–10 ng/L) and auto-sampler stability (no loss detected). River and wastewater samples were collected in triplicate from different locations in New York City and stored at −20 °C until analysis. Water from sewage overflow location tested positive for morphine (10.7 ng/L), oxycodone (4.2–23.5 ng/L), oxymorphone (4.8 ng/L) and hydromorphone (4.2 ng/L). Raw influent wastewater samples tested positive for morphine (133.0–258.3 ng/L), oxycodone (31.1–63.6 ng/L), oxymorphone (16.0–56.8 ng/L), hydromorphone (6.8–18.0 ng/L), hydrocodone (4.0–12.8 ng/L) and THCCOOH (168.2–772.0 ng/L). This method is sensitive and specific for opioids and marijuana determination in wastewater samples.

Perspectives On Crime And Justice: Selected Speeches, Jeremy Travis

Publications and Research

"The speeches in this volume are the record of a consummate policy artist operating from the remarkable platform that John Jay College of Criminal Justice was, and that [President Jeremy Travis] evolved it to be, during his tenure. "If you agree with me that the time for reform is now", Travis put to a conference hosted by the Ford Foundation in the context of bringing college education to prisons, "then the question is how to make the convincing argument, how to mobilize the political forces that will make this dream a reality". It is, I think, the defining passage in …

The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert

Publications and Research

This article analyzes data accumulated during the first three quarters of 2016 regarding completed and pending questions of representation involving faculty and student employees in higher education. It is part of a larger and continuing National Center research project that tracks faculty and graduate student employee unionization growth and representation efforts at private and public institutions of higher learning since January 1, 2013. The data presented in this article demonstrates that the rate of newly certified units at private colleges and universities since January 1, 2016 far outpaces new units in the public sector. There has been a 25.9% increase …

Crime In Developing Countries: The Contribution Of Crime Science, Mangai Natarajan

Publications and Research

No abstract provided.

Body-Worn Cameras And Civilian Policy Oversight: A Camden Case Study (Presentation Slides From Nacole Symposium 2016 Held At John Jay College), Maria Ponomarenko, Barry Friedmann

Publications and Research

Throughout its Final Report, the Presidential Task Force on 21st Century Policing repeatedly called for a new form of civilian oversight: for police departments to involve community members in the process of developing and reviewing department policies on a variety of topics from use of new technologies to police training. The Task Force stressed that this sort of engagement is essential to promoting external legitimacy and building trust between policing agencies and the communities they serve. Yet as a number of police officials have acknowledged, community engagement around matters of policy raises a number of difficult questions—and there are few …

Reversing The Realities Of Mass Incarceration: The Role Of American Business, Jeremy Travis

Publications and Research

No abstract provided.

Early Warning/Intervention Systems (Presentation Slides From Nacole Symposium 2016 Held At John Jay College), Jennifer Helsby, Samuel Carton, Kenneth Joseph, Ayesha Mahmud, Youngsoo Park, Joe Walsh, Lauren Haynes

Publications and Research

Adverse interactions between police and the public harm police legitimacy and produce high costs due to harms to both officers and the public as well as litigation. Early intervention systems (EIS) that flag officers considered most likely to be involved in one of these adverse situations are an important tool for police supervision and for targeting of interventions such as counseling or training. However, the EIS that exist are often not data-driven and are based on supervior intuition. We have developed a prototype data-driven EIS that uses a diverse set of data sources from the Charlotte-Mecklenburg Police Department and machine …

Deaths Due To Use Of Lethal Force By Law Enforcement: Findings From The National Violent Death Reporting System, 17 U.S. States, 2009–2012, Sarah Degue, Katherine A. Fowler, Cynthia Calkins

Publications and Research

Introduction: Several high-profile cases in the U.S. have drawn public attention to the use of lethal force by law enforcement (LE), yet research on such fatalities is limited. Using data from a public health surveillance system, this study examined the characteristics and circumstances of these violent deaths to inform prevention.

Methods: All fatalities (N¼812) resulting from use of lethal force by on-duty LE from 2009 to 2012 in 17 U.S. states were examined using National Violent Death Reporting System data. Case narratives were coded for additional incident circumstances.

Results: Victims were majority white (52%) but disproportionately black (32%) with a …