Legal Studies Commons^™

The Impact Of Covid-19 On The Thai Probation Department, Thanaphon Nunphong

Student Theses

The COVID-19 pandemic had a crucial impact on the Thai criminal justice system. While it may be true that the Department of Probation has proposed preventive and responsive measures in response to COVID-19, relatively little is known about the practical applications of these measures as well as the impact of COVID-19 on probation personnel, probationers, and parolees. The goal of this study is to explore the policies and practices of Thai probation agencies as they respond to the COVID-19 pandemic. This study surveyed probation officers in Thailand (N = 534; 60.6% Female) in March to April 2021, focusing on …

Dosage Matters: What Is Dosage, Doyoung Kim

Student Theses

To reduce recidivism, many correctional programs and interventions have been introduced to offenders. Though, the rate of recidivism remains exceedingly high. To improve program outcomes, it is important to match the dosage of a program to risk levels. However, there is not a standardized definition and measurement of program dosage. This thesis extends the study on identifying the definition and measurement of dosage and the effectiveness of the programs by conducting a systematic review of prior research. The results indicate that as a treatment dosage, treatment duration was more frequently used compared to treatment intensity to reduce recidivism rate of …

Redistricting Threats To New York’S Hispanic Congressional Representation, Carlos Vargas-Ramos

CUNY Centro, The Center for Puerto Rican Studies

The New York Independent Redistricting Commission has released draft maps of congressional, State Senate, and State Assembly districts drawn after the apportionment process, following the 2020 decennial census. While not final, some of the proposed maps threaten Hispanic congressional representation by eliminating one congressional district currently represented by a Hispanic member of the House of Representatives, diluting Hispanic population in several Hispanic majority districts, and reducing the likelihood of Hispanic representation in neighborhoods that have recently achieved Hispanic representation. Paradoxically, the attempts to dilute Hispanic political representation come on the heels of large Hispanic population increases across the state that …

Does Exposure To Interviewer Feedback Bias Observer Perceptions Of The Suspect? A Test Of Two Pathways To A Feedback Effect, Aria Amrom

Dissertations, Theses, and Capstone Projects

Confronting suspects with feedback, such as “We know you are lying, you need to tell us the truth,” during an interrogation is a common tactic used by police. Can this feedback influence the perceptions of factfinders who later observe video recordings of these sessions? Amrom et al. (2020) proposed two pathways through which feedback might affect observers: a direct feedback pathway by which observers infer the suspect’s credibility from the interviewer’s feedback, and an indirect misattribution pathway by which observers infer credibility from the suspect’s feedback-induced change in demeanor. Given the increasing frequency with which interrogations are video recorded for …

The Victims’ Voices: A Routine Activity Approach To Jail And Prison Victimization, Victor St. John

Dissertations, Theses, and Capstone Projects

The study explores the occurrence of victimization while incarcerated in American jails and prisons. Consistent with the Routine Activity Approach – which explains that victimization occurs due to the convergence of a suitable target and a motivated offender in time and space, and the absence of a capable guardian, handler, and place manager –, this study investigates the applicability of the approach within the correctional setting, namely the influence of place management, access to informal guardians, and the victims’ perception of correctional officers’ capability on preventing victimization (the formal guardian). A mixed methods design was employed, analyzing 87 semi-structured interviews …

Evaluation Of The Potential Of Automated Sem-Eds Analysis For The Discrimination Of Inorganic Soil Particles, Anna S. Duggar

Dissertations, Theses, and Capstone Projects

Soil, that complex mixture of minerals, organic particles, chemicals, and anthropogenic materials, is ubiquitous and easily transferred, which gives it forensic relevance. Forensic soil analysis has traditionally included the identification and comparison of both organic and inorganic components, the inorganic portion being most commonly examined by light microscopy and other instrumental techniques. Predominantly, the inorganic materials in soil are naturally-occurring minerals, contributed as grains from the surrounding bedrock, which gives a soil its regional character. That parent material then undergoes physical, chemical, and anthropogenic changes producing wide geographic variation within a single region. This variation forms the basis for potential …

Examining Probation And Judicial Adherence To The Nyc Disposition Matrix, Susruta Sudula

Dissertations, Theses, and Capstone Projects

Decisions made by criminal justice professionals in the juvenile justice system can have long-lasting and far-reaching impacts on youth. Structured decision-making (SDM) models, such as disposition matrices, seek to reduce unwarranted disparity and ensure uniformity in sentencing, while still safeguarding public safety and improving youth outcomes. This dissertation is the first to review the New York City (NYC) Disposition Matrix. Using bivariate and multivariate analyses, the present study examines factors that predict probation and judicial adherence to the matrix and provides some reasons for probation deviations. It also explores whether matrix recommendations and judicial adherence predict rearrests.

Findings demonstrate that …

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 …

Cocaine, Cocaethylene And Ethanol In Postmortem Blood Submitted To The New York City Office Of Chief Medical Examiner, Jada T. Alexis

Student Theses

Cocaine overdose deaths are on the rise in the United States. This increase may be due to the co-consumption of cocaine with other drugs. When cocaine is ingested in conjunction with alcohol, a specific metabolite called cocaethylene forms. Information regarding cocaethylene, specifically its interpretive value in post-mortem cases, has not been widely studied. Data from the Office of the Chief Medical Examiner in New York City revealed that there were 195 cases in 2017 positive for cocaethylene. These cases were most likely to involve black (42.1%) males (79.5%) in Manhattan (28.2%) aged 50 - 59 (34.4%). Most of the cases …

Investigation Of Postmortem Methamphetamine Cases Submitted To The New York City Office Of Chief Medical Examiner, Isaiah Jewell

Student Theses

Methamphetamine (N-methylamphetamine) is a central nervous system stimulant (CNS) and sympathomimetic drug with a high addiction potential. In the United States, there has been a significant increase in the presence of methamphetamine in recent years, specifically in the Northeastern region of the country. The New York City Office of Chief Medical Examiner (NYC-OCME) postmortem methamphetamine casework from 2018 and 2019 was analyzed and revealed that the presence of the drug increased drastically within a span of one year, jumping from 65 cases in 2018 to 99 cases in 2019. Males were overwhelmingly responsible for much of the casework, taking up …

Bullet Ricochet Of Polymer Coated Bullets, Stephen Daly

Student Theses

Polymer coated bullets were designed to limit a shooter’s exposure to lead. However, despite the advantages that these bullets give there are still difficulties which arise in a forensic firearms examination. Unlike in a typical metal coated bullet, individualizing striations will typically not be imparted to a polymer coated bullet making it unable to be linked to a specific firearm. Due to this difficulty any information that can be gained at the scene of the crime could be crucial. Some obtainable information includes the angle of ricochet and the angle of incidence of the discharged bullet as well as traces …

Evaluating The 2019 New York State Bail Reform On Quality Of Life Offenses In New York City, Nodira Pirmukhamedova

Student Theses

Using the NYPD Complaint Data, this study compares the frequency of nine quality of life (QOL) misdemeanor complaints (n = 196,577) in New York City (NYC) before (n = 108,382) and after the 2019 NYS Bail Reform Act (n = 88,195), which eliminated cash bail for most misdemeanor crimes. The results show an overall decrease (18.6%) in nine QOL misdemeanor complaints in NYC after bail reform with a large effect (d = 1.317). The main limitation of this study is that it did not control for the impact of COVID-19 in 2020 on the criminal justice system’s shifting priorities. Another …

Weather And Crime: New York State, Yuna Kim

Student Theses

The present study assesses the degree to which temperature affects the crime rates in all 62 counties in the State of New York. Five different crimes (i.e., robbery, aggravated assault, burglary; larceny, and motor vehicle theft) for the year 2019 were selected from the Division of Criminal Justice Services of New York to be examined. The current study examined whether the rate of these crimes was associated with the changes in weather, with the assumption that higher weathers would lead to higher property and violent crimes, when controlling for the effect of various control variables. The findings suggest that the …

Changes In The Black-White Sentencing Gap After United States V. Booker, 2008-17, Shuhao Zhang

Student Theses

The Black-White sentencing gap, as defined by the differences between the average sentences received by Black defendants and those by White defendants, is an under- research area. In the federal court, after United States v. Booker, this gap has decreased from 25 months in 2008-2010 to 0 in 2016-2107. By using Oaxaca decomposition, I find that the differences in criminal history, offense levels, and pretrial detention status between Black and White defendants are the main source of the gap. The unexplained portion of the gap, resulting from judges finding Black defendants more culpable to their offenses and thus imposing harsher …

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 …

Disinhibition And Persistent Maladaptive Behavior, Angela T. West

Student Theses

Objective: There is an urgent need to reduce overpopulation in U.S. prisons, which are inundated with individuals needing substance use treatment. Research on both substance use and antisocial behaviors highlight maladaptive beliefs and behaviors, while also implicating disinhibition as an important factor. Disinhibition is a dynamic trait that can be targeted with therapeutic interventions. The current study explored the relationships between neurocognitive disinhibition, substance use, and recidivism among incarcerated men. The study hypothesized that disinhibition would be associated with history of substance use, history of antisocial behavior, and institutional misconduct, as well as predicting recidivism over and above history of …

Standing Trans Before The Law, Kyla Bender-Baird

Dissertations, Theses, and Capstone Projects

In the 1960s, trans people in the United States began asserting their rights, petitioning courts for name changes, updating sex markers on birth certificates and other identity documents, and confirming whether their marriages were legal. However, it was not until the mid-2000s that courts began recognizing trans discrimination claims. While trans people enjoyed numerous legal inroads under the Obama administration, within its first two years, the Trump administration had effectively reversed these legal gains. Being vulnerable to the political winds contributes to a feeling of legal precarity, which, in turn, shapes how trans people think about and approach the law. …

Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis

Student Theses

Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …

White Racial Identity And Its Impact On Punitive Attitudes Towards Juvenile Offenders, Rossol Gharib

Student Theses

White Racial Identity is a relatively new concept with little to no consensus as to the operationalization of such identity. The first ever White Racial Identity model was developed by Janet E. Helms in 1990. The role of White racial identity has been studied in the context of the racial gap in employment and its influence on racial attitudes, but it has yet to be studied in the context of the juvenile justice system. The criminal justice system is racially imbalanced, with Black males imprisoned 5.5 times more than White males. One of the factors contributing to this imbalance is …

Determination Of Human Shedding Propensity Based On Str Results, Genevieve Trapani

Student Theses

Trace DNA evidence may be discovered at a crime scene after having been deposited by a person of interest via active or passive transfer. Based on previous studies, passive transfer of one’s DNA is influenced by their shedding propensity, or probability of depositing a detectable amount of DNA through touch. Determining the shedding propensity of a person of interest can aid in trace DNA interpretation in forensic casework. This study explored STR profile quality and the presence of a DNA mixture for different skin surface locations, including fingertips before and after handwashing. As expected, unwashed fingers showed a higher prevalence …

Criterion Validity Of The Ohio State University Traumatic Brain Injury Identification Method In A Criminal Justice Sample, Sarah M. Monaghan

Student Theses

The purpose of the current study was to determine the clinical utility of the Ohio State University Traumatic Brain Injury Identification Method (OSU-TBI-ID) in a criminal justice sample, by evaluating the criterion-related validity of this instrument. It was hypothesized that this tool could differentiate between incarcerated individuals with or without a history of Traumatic Brain Injury (TBI) on measures evaluating important TBI-related sequalae. The sample consisted of 95 incarcerated men detained at a private correctional facility in a Mid-Atlantic state. Measures used in this study to evaluate executive functioning difficulties, psychiatric difficulties, substance use problems, institutional misconduct and recidivism were …

Effect Of Age And Sex On The Discrimination Of Monozygotic Twins Using Cg18562578 Dna Methylation In Saliva, Carla Pierre Louis

Student Theses

DNA methylation is a type of epigenetic modification that impacts gene expression without disturbing the genetic nucleotide sequence. DNA methylation has the potential to be included in the daily forensic analysis because among other uses, it has the potential to be applied to discrimination of monozygotic (MZ) twins that currently cannot be differentiated via forensic DNA profiling. In previous research, our group showed that DNA methylation at the cg18562578 site in chromosome 3 could be used to discriminate MZ twins. Because studies have shown that DNA methylation measures can be influenced by demographic factors such as sex and age; here, …

Exploring The Relationship Between Anger, Aggression, And Perpetrator Substance Use In The Commission Of Sexual Offenses, Dominique Rivera

Student Theses

This study examined the potential association between perpetrator substance use, anger, and aggressive behavior in the commission of sexual crimes. The sample included 246 adult males convicted of rape (n = 54) or child molestation (n = 192). Descriptive statistics revealed that 64.6% of the individuals in this sample (n = 159) were intoxicated at the time of the offense. Results showed that perpetrators who used substances at the time of the offense were more likely to exhibit aggressive behavior toward the victim (e.g., weapon use, verbal abuse) than those who did not. Offenders with higher pervasive anger scores were …

Seeking Clemency: A Profile On Jacob Rouse, Jocelyn A. Contreras, Sarah Gabrielli

Capstones

Jacob Rouse was 18 years old when he drove the getaway car that would define the rest of his life. He sat in his blue Ford Taurus, waiting to drive his three friends away from the scene of a robbery in Rochester, New York. Jacob was parked about a block away when one of his accomplices shot and killed 22-year-old Herschel Scriven, a local youth pastor and church organist.

He is now seeking clemency.

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

Estimating Muzzle To Target Distance From The Physical Characteristics Of A Bullet Hole In Different Wood Substrates, Alan Lee

Student Theses

Determining the muzzle to target distance of a firearm discharge is an integral part in crime scene reconstruction. Shooter distance is most often estimated using the Modified Griess test, which can be used to visualize gunshot residue (GSR) patterns around bullet holes. However, this test has a 3- to 5-feet range limit as the plume of GSR particles can only travel a certain distance past the muzzle. The purpose in this study was to develop a new method that overcomes this range limitation by analyzing the physical damage characteristics of a bullet hole. Test fires were conducted with a .22 …

The Determination Of G1 And G7 Ballistic Coefficients Of .22lr Caliber Ammunition In Gypsum Board Through Doppler Radar Acquisition, Jose A. Colon Jr.

Student Theses

In this experiment, a method of calculating ballistic coefficients of .22LR (long rifle) caliber ammunition was developed using Doppler radar to track the pre-impact and post-impact velocities of projectiles passing through gypsum board. The method demonstrated has distinct advantages in accuracy and flexibility over conventional chronograph projectile tracking that forensic firearm experts should consider when determining the optimal method to obtain a ballistic coefficient (BC). G1 and G7 ballistic coefficients were determined for three .22LR ammunition brands with respective muzzle velocities of approximately 1050ft/s (320m/s), 1230ft/s (375m/s), and 1640ft/s (500m/s) fired from a Ruger 10/22 semi-automatic carbine using an Infinition …

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 …

Effects Of Microwave Radiation On The Digestion Of Proteins Involved In Body Fluid Identification, Aaron J. Fox

Student Theses

Body fluid identification plays an important role in understanding how the events during a crime may have taken place. The presence of a body fluid may help identify an individual who committed a crime, while the type of body fluid present may help investigators determine how a crime occurred. Current body fluid identification techniques are not always conclusive and may only suggest the presence of a body fluid type. A protocol developed by the New York City Office of the Chief Medical Examiner (OCME) established a method that confirms body fluid type through mass spectrometry. To identify marker proteins in …

Many Forms Of Black Death: Coal Extraction, Transnational Activism And The Value Of Life In Colombia, Oscar H. Pedraza Vargas

Dissertations, Theses, and Capstone Projects

After the murder of the president and vice president of the coal union by paramilitaries in the department of Cesár, Colombia, the union is left adrift. Its fragility is only heightened when the person who decides to take over, is killed six months later. The union has been vocal on their critique of environmental destruction produced by coal and argues that their criticism is part of the reasons why they were targeted. Not far from there, in the department of Guajira, the conglomerate in charge of Cerrejón, the largest open-pit coal mine of South America, wants to divert a creek …