Criminal Law Commons^™

Disrupting Transnational Human Trafficking Networks: A Practitioner's Perspective On Intelligence-Driven, Offender-Focused Strategies, Rochelle Keyhan

Dignity: A Journal of Analysis of Exploitation and Violence

This article examines human trafficking through the lens of organized crime and explores how this perspective can be applied to contemporary trafficking cases in the United States. While trafficking is often prosecuted as an isolated criminal act, many incidents are linked to larger transnational and domestic organized crime networks. The discussion highlights the activities of notorious syndicates, including international cartels, street gangs, and well-funded networks of sex buyers, demonstrating how these entities exploit vulnerable populations for profit. Reframing human trafficking as a sector within organized crime shifts investigative and prosecutorial strategies away from victim-dependent models, which often require survivors to …

Perceptions Of Legitimacy In Three Forms Of Probation Supervision For People With Serious Mental Illness, Sophia Sarantakos, Emily Claypool

Qualitative Criminology (QC)

"In the context of criminal-legal community supervision, standard and specialized probation officers are often tasked with coordinating services for adults diagnosed with serious mental illness (SMI) on their caseloads. The coordination of services varies across different programs including traditional probation, specialty probation, and mental health court. Given the proliferation of programs focused on mental health in the criminal-legal system, the perspectives of front-line workers or street-level bureaucrats in criminal-legal agencies are a rich source of information about what is happening on the ground and could provide insights into the potential translational barriers of policy to practice. A deeper examination of …

From Acrimony To Forgiveness: How Adolescents Make Sense Of Childhood Maltreatment, Katherine Irwin

Qualitative Criminology (QC)

"This paper examines 16 adolescents’ narratives about the abuse they experienced during childhood. To date, most research examining child abuse (CA) survivorship and recovery has been conducted with adults who look back on their early experiences. Consequently, this study fills gaps in our knowledge by offering a youth-centered view of survivors’ efforts to cope with CA. The data come from a 12-year qualitative study of a group counseling program for high school students in Hawaiʻi. The findings revealed that a minority (n = 2) of the teens had negative views of their lives and futures, while the majority (n = …

A Content Analysis Of The Sutherland Address, 2001-22: A Qualitative Exploration, Phillip Shon

Qualitative Criminology (QC)

"Previous indicators of scholarly influence have been primarily quantitative, measuring a scholar’s influence through citation counts. This body of literature has overlooked the reflections of distinguished scholars, such as the recipients of the Sutherland Award, in the discipline as a form of scholarly influence. The current paper examines the Sutherland Address from 2001 to 2022. The key findings indicate that the majority of Sutherland Addresses reproduced existing sociological canons, while a minority of Sutherland Award winners explicitly rejected Sutherland’s sociological assumptions and their influence on criminology. Such findings suggest that Sutherland exerts a hidden influence on the recipients of the …

A Qualitative Analysis Of Gender Inequality In Southeast Missouri Law Enforcement Agencies, Madeline Marie Whistler, Christopher Bradley, H. Hamner Hill

Qualitative Criminology (QC)

"Does gender inequality impact the careers of female law enforcement officers in the Southeast Missouri region? Using a qualitative single instrumental case study, seven cis-gendered female law enforcement officers who were employed at local law enforcement agencies within the Southeast Missouri region were interviewed to investigate the central research question. Four themes emerged from the data that illustrated their experiences: sexual exploitation and harassment, a lack of work-life balance, the presence of gender stereotypes, and patriarchal hierarchy and male dominance in the workplace. The findings suggest that the experiences of female law enforcement officers are heavily impacted by the behavior …

A Plea For Open Access To Qualitative Criminology: With A Python Script For Anonymizing Data And Illustrative Analysis Of Error Rates, Scott Jaques, Andrew Wheeler

Qualitative Criminology (QC)

"Qualitative researchers are expected, sometimes required, to publish their data open access (OA). This is for the sake of science, impact, and social justice. Yet, understandably, qualitative criminologists are worried about what this means for their workload and their ability to protect subjects’ confidentiality. To be solutions-oriented, we developed an open-source Python script for anonymizing qualitative data. It uses named-entity recognition and fuzzy-rule based merging to identify and replace personally identifiable information (PII) with unique pseudonyms. This tool doesn’t eliminate the need for manual work, but it reduces the cost and associated risk. In this article, we describe and explain …

“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis

Dissertations

Restorative justice (RJ), a philosophy, practice, and movement inspired by local, largely Indigenous traditions, has increasingly been introduced in modern criminal justice systems as an alternative process to more comprehensively address harmful incidents, heal harms, and meet victim’s needs. While RJ implementation growth is encouraging for its advocates, there remain significant questions around formalized RJ practice. Specifically, little is known about the decision-making process in implementing and administering RJ programming within criminal justice. This dissertation aimed to contribute to the understanding of RJ practice and implementation efforts within criminal justice systems by putting emphasis on practitioners already working directly in …

Justice For None: How The United States’ Sexual-Offense System Fails Victims, Defendants, And The Public, Hannah J. Flannery

Advanced Issues in Criminal Law: Sex Offenses

This paper argues that the United States criminal justice system fundamentally fails in its treatment of sexual offenses by retraumatizing survivors while simultaneously relying on punitive mechanisms that undermine meaningful accountability and rehabilitation. Through an examination of adversarial courtroom practices, prosecutorial discretion, plea bargaining, sex-offender registries, and civil commitment regimes, the paper demonstrates how American law prioritizes punishment, political performance, and moral panic over truth, dignity, and public safety. In contrast, comparative analysis of France, Canada, and the Nordic countries reveals alternative models grounded in consent-based legal frameworks, trauma-informed procedures, and rehabilitative justice. These systems emphasize proportionality, reintegration, and institutional …

Online Recruitment For Interview Participants Impacted By The Criminal Legal System, Sarah Lageson, Carolina R. Caliman, Elsa Chen, Ericka Adams

Qualitative Criminology (QC)

"As technology has altered communication, qualitative criminologists have turned to digital spaces for a cost-effective approach to recruit participants who have been impacted by the criminal legal system. This paper analyzes the limits and benefits of online recruitment, detailing our experience recruiting 93 interviewees online for a qualitative study of criminal record expungement. We compare three approaches: social media advertisements, Amazon’s crowdsourced MTurk platform, and the opt-in survey platform Prolific, and analyze the financial and labor costs associated with each. We detail our experience individually screening 685 interested participants to obtain 86 qualitative interviews suitable for analysis. Our experience shows …

Fragmented Responses: Variability In Law Enforcement And Prosecutorial Approaches To Sexual Assault Cases, Veronica Gonzalez

Qualitative Criminology (QC)

"Sexual assault (SA) remains a pervasive issue in the United States, marked by low reporting rates, inconsistent investigations, and limited convictions. In response, researchers and practitioners have promoted a range of best practices aimed at improving law enforcement and prosecutorial responses. This qualitative study draws on interviews with 13 law enforcement agencies and 12 prosecutors' offices to explore how recommended practices—such as victim advocacy, specialized units, interagency collaboration, and case reviews—are interpreted and operationalized in the field. Findings reveal substantial variability, shaped not only by resource availability but also by leadership priorities, organizational culture, and the ambiguity of guidance documents. …

To Protect And To Serve? A Phenomenological Exploration Of Interactions Between Black Transgender Women And Law Enforcement In The Midwest, Anthony Banks, Kelli E. Canada, Erin L. Robinson, Mansoo Yu, Lynn Mie Itagaki

Qualitative Criminology (QC)

"Current research indicates transgender women of color are experiencing what is being referred to as an “epidemic of violence.” Law enforcement personnel are in a unique position to mitigate this violence among transgender women of color, however past research shows that law enforcement may in some instances perpetuate already existing violence with this population instead of preventing and intervening in these situations. This study aimed to add to the limited research by using an intersectional theoretical framework to better understand these interactions. Research questions were answered using a phenomenological research design. Data from 36 semi-structured interviews with Black transgender women …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

Perlmutter Center's Derrick Hamilton, Reform Advocates Secure Passage Of New York State's Prison Justice Omnibus Package, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law recognized Derrick Hamilton, Deputy Director of the Perlmutter Center for Legal Justice, and fellow criminal justice reform advocates for their role in advancing New York State's Prison Justice Omnibus Package. The legislation expands transparency, oversight, and accountability in state correctional facilities and reflects the advocacy of the End Prison Violence campaign.

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. …

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 …

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, …

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.

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 …

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.

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 …

#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. …