Digital Commons Network^™

Trial By Character, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

In this Article, I argue that courts regularly deviate from Federal Rule of Evidence 404(b), which prohibits character evidence—evidence of a defendant’s past misdeeds offered to prove that the defendant acted in conformity with a certain character trait on the occasion in question. These deviations undermine the fairness of a trial and the presumption of innocence. The Article addresses this problem in three ways. First, it explains how courts have misinterpreted Rule 404(b)—an error that I call the permitted-purpose fallacy—and how they have fortified this misinterpretation with a body of flawed principles and precedent. Second, it reports the results of …

Plea Bargaining And The Destruction Of Procedural Justice: A Theoretical And Empirical Critique Of Fairness In The U.S. Legal Sphere, Emma Scillitani

Honors Theses

This thesis examines the legal process of plea bargaining as it currently operates within the criminal justice system in the United States. Through both an empirical and theoretical evaluation of this procedure, it analyzes how plea bargaining exists in practice and whether it can be considered a fair mechanism of case resolution. This project investigates the practice on a molecular level through its presence at a county-level court jurisdiction, which represents broader structural implications of the national legal system. Furthermore, it identifies three central factors that drive the overutilization of plea bargaining: power asymmetry, information, asymmetry, and case processing time. …

Who Should Be Responding To Mental Health Crises: A Public Perception Study, Bryan E. Phillips

Williams Honors College, Honors Research Projects

This project includes a survey which will be evaluating, out of Police Officers, Paramedics, and Mental Health Clinicians, who Intro to Psychology students believe are best fit to respond to Mental Health Crises as well as what factors may influence said belief. To do this they will be provided with a survey that collects demographic information, personal experiences with each profession, and detailed scenario-based questions with differing variables allowing the participants to decide which profession they believe is best equipped to deal with each scenario. This data will then be put into a research manuscript to be presented via posterboard …

Fact Vs. Fiction: Understanding The Influence Of Crime Procedural Television On College Student Choice Of Major, Mia J. Moore

Williams Honors College, Honors Research Projects

As it continues to gain popularity, crime-based media (i.e., crime procedural television shows, true crime podcasts) contributes to the public’s perception of the criminal justice field. Little research exists on the “CSI Effect,” the phenomenon in which criminal justice majors are drawn to the field based on the glorified depictions of the profession portrayed in the media. Previous research on influences behind choice of major suggest a variety of other influential factors, such as personal interest in the subject, friends or family members, or personality characteristics (Beggs et al., 2008; Hoag et al., 2017; Porter & Umbach, 2006). The current …

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin David Pyle

Faculty Scholarship

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …

Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris

Master of Arts in Human Services

Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …

A Forensic Lens On Aces & Trauma, Greta K. Cruz

Master of Arts in Human Services

Adverse Childhood Experiences (ACEs) have emerged as a critical area of research in childhood development and the prevention of criminal behavior. The framework of this topic continually provides updated information on the impact of criminal behavior on children. Understanding the long-term effects of trauma on mental health, the influence of criminal behavior, and patterns of recidivism across the lifespan when children are exposed to a single form of adversity or multiple forms of adversity. This research aims to synthesize recent empirical data/findings of how specific ACEs, such as physical abuse, sexual abuse, exposure to familial violence, and household substance misuse, …

Fundamental Fairness Guides The Supreme Court's Criminal Justice Decisions In The 2024-2025 Term, Sharon R. Fairley

ConLawNOW

During the 2024-2025 term, the Supreme Court decided fifteen cases related to the criminal justice system. These cases were brought by criminal defendants seeking post-conviction relief and civil litigants seeking redress for governmental harms arising out of criminal processes. Remarkably, two-thirds of the cases resulted in decisions favoring defendants or civil litigants opposing the government. This Article argues that the pro-defendant outcomes from this term are consistent with a recent trend in the Court’s decisions favoring defendants in these types of cases. The pro-defendant outcomes from the 2024-2025 term generally resulted from the less conservative justices aligning with the liberal …

Behind Closed Doors, Beyond The Cell: Supporting Children Of Incarcerated Parents, Averi R. Amaro

Honors Program Theses and Research Projects

This study examines the overlooked population of children affected by parental incarceration and evaluates intervention programs designed to support them. Grounded in Labeling Theory (Becker, 1963), Self-Fulfilling Prophecy (Merton, 1948), and the Restorative Justice framework (Zehr, 2002), this study explores how stigma, expectation, and repair shape the outcomes for the youth affected by parental incarceration. Drawing from qualitative and quantitative research, it analyzes the emotional, social, and educational effects of incarceration on families, identifying protective factors such as attachment, mentoring, and community support that mitigate delinquency risks. Program evaluations of Girl Scouts Beyond Bars, Parenting Inside Out, Project Avary, and …

Response: Foreign Affairs Prosecutions And Cybercrime, Mailyn Fidler

Law Faculty Scholarship

A response to Professor Steven Koh's new article on how the U.S. makes global criminal justice policy. Prof. Fidler examines what a decade of cybercrime indictments reveals about America's approach to prosecuting foreign hackers. Three things stand out: * Beyond Attribution - These indictments aren't just about naming and shaming, or about the typical dimensions of criminal alw. They're sophisticated foreign policy tools that coordinate and moderate international sanctions and global norms. * Intertwined with Cooperation - The indictments alternately create space for and slow the tempo of international cooperation on this issue, according to U.S. interests. * Power Projection …

Disposing Of Misdemeanors: An Empirical Perspective, Cynthia Alkon, Jonathan Marshall, Kyle Chrisman, Lydia Sidhom

Faculty Scholarship

While the U.S. Supreme Court has characterized the criminal legal system as a “system of pleas,” new empirical evidence suggests that, at least for misdemeanors, it is more accurately described as a system of dismissals. This Article draws on New York’s Pretrial Release Dataset, a unique publicly available administrative dataset that, to date, includes over 1.3 million criminal cases with 112 variables, of which 914,521 are misdemeanors. No other state in the country has made comparable criminal case-processing data publicly accessible at this scale. Using this dataset, the Article examines criminal case processing in ways that were not previously possible, …

Program Development For Previously Incarcerated Individuals Transitioning Back Into Society, Shiean Raychel Walters

Occupational Therapy Doctoral Capstones

This project supports individuals re-entering society after prison, dealing with substance abuse, or court commitments. Through real-life activities such as paying rent, working, cooking, and community service, it helps participants build independence, manage routines, and prevent relapse or recidivism. The program offers occupational therapy-based interventions to address key life skills like time and money management, job acquisition, self-care, and emotional regulation. It also aids in addiction recovery, ensuring individuals can adapt to new roles and routines that may initially feel unfamiliar or uncomfortable. A key component is an occupational therapy assessment that evaluates participants’ readiness to transition to independent living, …

Freedom Clinic Faculty And Students Win Clemency Case Through New Jersey Second Chance Initiative, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Perlmutter Center for Legal Justice at Cardozo Law secured clemency for LaShawn Fitch through New Jersey's Second Chance Initiative. Cardozo Freedom Clinic faculty and students helped prepare Mr. Fitch's clemency petition, highlighting issues surrounding felony-murder sentencing, the trial penalty, and juvenile justice.

Child-Taking Justice And The Federal Indian Boarding School Initiative, Diane Marie Amann

Scholarly Works

The focus of this article is the 2022–2024 Federal Indian Boarding School Initiative undertaken the U.S. Executive Branch. The article chronicles this three-year process, which included sessions with survivors and their descendants, and which resulted in a two-volume report, in an apology by President Joe Biden, and in designation of a national memorial at one of the most notorious school sites. This article examines the initiative as an example of “child-taking justice”; that is, as a process of what is called “transitional justice”, done in an effort to redress the takings of children from their community, followed by efforts to …

Standardization And Routine In Criminal Law, Eric S. Fish

Vanderbilt Law Review

What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task.

Holistic criminal justice is not a single method or intervention. It is a reorientation-a conceptual framework and …

Anti-Holistic Algorithms, Itay Ravid

Vanderbilt Law Review

This Article presents a critical tension in modern criminal justice between holistic criminal justice aspirations and algorithmic governance: whether the holistic rehabilitation and reintegration project can survive technological determinism. As criminal legal systems embrace algorithmic risk assessment tools as solutions to address recidivism, this Article reveals a profound epistemological concern: the fundamental incompatibility between viewing offenders as whole persons capable of transformation and reducing them to statistical probabilities within computational matrices. By doing so, it demonstrates how algorithmic mediation fundamentally alters and potentially destroys the holistic message itself.

In establishing this argument, the Article advances in two stages. It first …

Holistic Criminal Justice, Hadar Dancig-Rosenberg

Vanderbilt Law Review

What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task. Holistic criminal justice is not a single method or intervention. It is a reorientation—a conceptual framework and …

The Perlmutter Center For Legal Justice At Cardozo Law Secures Release Of Ernest Taylor After Serving 22 Years In Prison For A Minor Theft, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Announcement of the Perlmutter Center securing Ernest Taylor's release after resentencing.

Rape Myth Acceptance, Pretrial Publicity, And Decision-Making: An Examination Of Perceptions Of Victim Credibility And Perpetrator Guilt In A Real-World Sexual Assault Case, Lindsey Strouse

Student Theses

This study explores how the media narratives and political perspective of pretrial publicity (PTP) can influence jurors’ perceptions in sexual assault cases, raising significant concerns about justice in courtrooms. Specifically, it examines whether media framing of a real-life sexual assault case — through varying media narratives, with media that either challenges or endorses rape myths, and media source (liberal vs. conservative) — affects mock jurors’ rape myth acceptance (RMA), views of victim credibility, and judgements of perpetrator guilt. Participants first completed a RMA scale, then read mock news articles varying in media narrative and political affiliations (media source), followed by …

The Trial Of Musammat Kelee: Widowhood, Infanticide, And Colonial Justice In Early Twentieth Century India, Rashmi Banerjee

Socio-Legal Review

This article examines the 1920 trial of Musammat Kelee, a Hindu widow from Ajmer-Merwara, accused of drowning her illegitimate infant son in a lake. Drawing on extensive trial records, police reports, and official correspondence, it reconstructs the procedural history of her case and situates it within broader colonial debates on female sexuality, widowhood, and infanticide. Kelee’s conviction under Section 302 of the Indian Penal Code, despite weak evidence, hinged on judicial emphasis on her widowhood and the perceived illegitimacy of her child as proof of motive. Yet her subsequent pardon by the Viceroy’s office reflected a contradictory administrative impulse that …

An Examination Of Successful Reentry And Recidivism For Drug-Involved Offenders In Rural Areas, Jacqueline Cottle

Walden Dissertations and Doctoral Studies

In rural communities, treatment and supportive resources are limited, putting ex-offenders (EXOs) at an increased risk for relapse or recidivism. The purpose of this qualitative study was to understand, through semistructured interviews, the experiences of EXOs who completed the court residential treatment center, intermediate sanction facility, or substance abuse felony punishment facility, and returned to a rural county in Texas, along with the perspectives of 11 community supervision officers who worked closely with the EXOs. This study was guided by Agnew’s general strain theory, which posits that drug-involved offenders achieve successful reentry in rural areas when positive supports are present, …

#Falseflag: Exploring Themes In Conspiracy Theory Tweets Regarding The Robb Elementary School Active Shooter Event, Madison K. Doyle, Carolyn Willis

Qualitative Criminology (QC)

"Little is known about the content of conspiratorial posts on social media, specifically regarding active shooter events. This study explores the content of conspiracy theory tweets during the six months following the active shooter event at Robb Elementary School in Uvalde, Texas. 194 tweets were analyzed. The analysis resulted in two main themes: False Flag and Hypothesized Reasoning. These themes represent the similarities and variations in content among the tweets. In line with research suggesting that people are most vulnerable to conspiratorial thinking when trying to explain unusual and unsettling events, results indicate that many posts were attempting to provide …

“Oh, Are You Gay?”: An Exploration Of Lgbtq+ Students’ Lived Experiences With Microaggressions And Finding Safety On A University Campus, Christina Policastro, Courtney Crittenden, Jadon Clark, Rileigh Arrington

Qualitative Criminology (QC)

"Studies demonstrate that LGBTQ+ college students experience explicit and covert discrimination with research documenting various microaggressions reported by university students whose gender and/or sex identities are minoritized. Building off existing models of LGBTQ microaggressions, the current study adds to this literature by utilizing focus groups to explore campus safety perceptions among a sample of U.S. undergraduate students who identify as LGBTQ+. Findings highlight the diverse microaggressions experienced by students at the interpersonal and environmental level. Moreover, the results displayed the mechanisms students employed to avoid or disengage from situations where microaggressions may be encountered, as well as underscored ways in …

Are Cyber-Investigators Resilient In The Face Of Adversity? An Inductive Qualitative Analysis Exploring Investigators’ Perceptions Regarding The Challenges And Successes In Online Crime Police Investigations, Julien Chopin, Camille Faubert, David Décary-Hétu, Benoît Dupont, Jerry Ratcliffe, Aili Malm

Qualitative Criminology (QC)

"Cybercrime investigations continue to pose a significant challenge for most law enforcement agencies. Specifically, these investigations present knowledge, legal, and forensic challenges that hinder police officers’ ability to successfully complete their tasks and develop a sense of well-being on the job. Studies have shown that in the face of such adversity, individuals exhibit a positive coping capacity known as the resilience process. In this research, we set out to improve our understanding of both the difficulties police officers face when investigating online crimes and their ability to cope by analyzing their perceptions of success. To do this, we conducted interviews …

Prosecution In The Eyes Of The Justice-Involved: A Community-Based Participatory Research Approach, Belén Lowrey-Kinberg

Qualitative Criminology (QC)

"Community based participatory research (CBPR) centers the voices of community members in the research process. Long used in the field of healthcare, criminal justice researchers have employed CBPR only in limited contexts, and never in the context of prosecution research. This paper reports on findings from a CBPR study that employed focus groups with justice-involved individuals to identify their perceptions of the pre-trial process, prosecutors’ priorities, and recommended directions for research. The findings from these focus groups were used as the basis for developing interview questions for prosecutors, which were subsequently implemented in two larger research projects examining prosecutor discretion. …

Communication Inhibitors: Dilemmas In Community Partnerships Amidst Mental Health Crises In Texas, Alessa Juarez, Kendra N. Bowen, Johnny Nhan

Qualitative Criminology (QC)

"Community partnerships between police departments, social services, and healthcare providers continue to struggle in various ways, with mental health crisis response remaining a primary yet fragmented service delivery. Using the nodal governance perspective, this paper provides qualitative insight into the existing communication and resource barriers between law enforcement personnel and social service providers in a large urban county in Texas. Four key themes are presented: staff and resource availability, continuity of care, staff personnel and characteristics, and communication efficiency. Policy implications are also discussed, with the study’s findings supporting the prioritization of building stronger communication between existing social service providers, …

State Of Illinois Model Programs Of Study Guides: 2025 Utilization Report, Meagan Mitchell Phd

Reports, Analyses, and other Publications

The State of Illinois Model Programs of Study Guides were developed in collaboration with the Illinois State Board of Education (ISBE) and Illinois Community College Board (ICCB) through a process led and facilitated by Education Systems Center (EdSystems) at Northern Illinois University. The process included extensive research into labor market information and credential programs, as well as dialogue across secondary, postsecondary, and employer stakeholders. With the support of ICCB, EdSystems researched the utilization of the State of Illinois Model Programs of Study Guides: Culinary and Hospitality and Human and Public Service.

We consulted with ICCB to receive the Perkins V …

California Public Defense Workloads And Staffing, Malia N. Brink, Pamela R. Metzger, Andrew L.B. Davies, Cynthia G. Lee

Deason Center Reports

This report assesses the current workloads and staffing of California public defense providers. The report concludes that California’s public defense attorneys are almost universally burdened by workloads that far exceed nationally recommended standards. Additionally, compared to district attorneys’ offices in the same jurisdictions, public defender offices typically have 20-45% fewer attorneys.

This report also details how public defense providers in California also lack the appropriate support staff – investigators, social workers, paralegals, and administrative assistants – necessary to efficiently and effectively represent their clients. At their current workload and staffing levels, public defense attorneys simply cannot do all that their …

Receptions Of Mental Health Emergency Services In New York City, Daniel R. Samost

Dissertations, Theses, and Capstone Projects

Mental health emergency response has become a highly scrutinized topic following the Black Lives Matter movement and several notable incidents of mental health emergency service users being killed by police responders. Qualitative interviews were conducted with mental health emergency service users to better understand the experience of using mental health emergency services, garner critical feedback of the service, and explore recommendations to improve future response. A total of 23 participants conducted interviews and detailed 40 incidents of mental health emergency service utilization. These interviews were then coded and analyzed. There were a few major findings from the data. Just over …

Underlying Causes Linking Foster Care And The Criminal Justice System, Marcia D. Wheeler

Master of Arts in Human Services

This research expands on the ongoing statewide crisis within the foster care system that needs to be properly addressed to benefit future and current foster youth. Research has found a connection between foster care and prison, often referred as the “foster-care-to-prison-pipeline.” This study aimed to explore the impact of trauma experienced by current and former foster youth through a life course lens looking at crucial areas of development using a mixed methodology supported by theoretical theories that explored the connection between foster care and the criminal justice system. The results showed that current and former foster youth face many adversities …