Legal Studies Commons^™

Investigations Of Fraud, Waste, Abuse, And Corruption In The Public Sector: A Survey Of Organizational And Software-Based Aids And Obstructions, Lawrence Kom

Dissertations, Theses, and Capstone Projects

Fraud, Waste, Abuse, and Corruption present significant challenges to the efficient use of public resources and stifle government service improvement by detracting from policy development and undercutting funding for important initiatives. The purpose of this study is to better understand the aids and impediments to investigations of these offenses and provide a generalizable definition for the mission of Inspectors General, the group tasked with monitoring and addressing these offenses. This study also sought to identify the material role of software in investigations of Fraud, Waste, Abuse, and Corruption. Through a purposive sampling, 18 Inspectors General from the federal, state, and …

Collective Healing: A Restorative Justice-Based Response To Sexual Abuse, Delene Bromirski

Dissertations, Theses, and Capstone Projects

For much of the last 20 years, the United States has been at the center of the sexual abuse crisis within the Roman Catholic Church. Victim-survivors of clergy-perpetrated sexual abuse have long been waiting for the Church to acknowledge them and respond to their needs. This study sought to answer two important research questions: (1) whether restorative justice can be used to redress harms stemming from clergy-perpetrated sexual abuse and promote healing, and (2) whether there are common characteristics among victims who benefit from restorative events. The study employed a mixed-method research design consisting of both a quantitative and qualitative …

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 …

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 …

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 …

Effects Of Mercury On The Dopamine Transporter Cell Surface Expression In Pc12 Cells, Christina Hui

Student Theses

Environmental factors, such as heavy metal exposures, have been suggested to have an impact not only on neurodegenerative disease, such as Parkinson’s disease, but also on psychostimulants abuse and their toxicity. In this study, two questions were addressed: 1) effects of mercuric chloride on parkinsonian toxicant 1-methyl-4-phenylpyridinium (MPP⁺) induced cytotoxicity and 2) effects of mercuric chloride on cell surface dopamine transporter. Pheochromocytorma cells (PC12) were treated with various concentrations of mercuric chloride (0.02~2.0 ppm) for 4 hours with and without 0.1 mM MPP⁺. Significant potentiation of toxicity was observed when there was co-treatment with 0.5 ppm …

Evaluation Of A Novel Dna Collection Matrix Designed To Improve Recovery Of Touch Dna From Non-Porous Surfaces, Eric Ramirez

Student Theses

The collection of touch DNA from evidence has been a challenge in the field of Forensic Biology for decades. There are numerous collection protocols, substrates, and solutions that have been used to varying levels of success. Currently, no single method or substrate stands out as the single most effective collection protocol. The Gene Link Omni Matrix™ K105 solution is a novel collection method that can be sprayed onto the surface of non-porous evidence. The matrix dries into a film, capturing cells and cell-free DNA which can be scraped off and collected into a tube. During extraction, the matrix dissolves into …

Dna Mixture Statistics Using A Likelihood Ratio Software Tool: Effect Of Variations In Drop-Out Rates And Number Of Contributors, Felicia M. Lucero

Student Theses

Complex DNA mixtures can be very probative evidence, but comparisons to a person of interest can be affected by allelic drop-out and uncertainty regarding the number of individuals having contributed DNA to a sample. Scientific organizations such as the International Society of Forensic Genetics (Gill et al., 2006) recommend that likelihood ratios should be used to provide a statistical weight when a positive association is made between the DNA profile of a person of interest and an evidentiary DNA sample. To this effect the New York City Office of Chief Medical Examiner (OCME) developed a software program, Forensic Statistical Tool …

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 …

The Feedback Effect: Does Exposure To Interviewer Feedback Affect An Observer's Perception Of Veracity And Guilt?, Kayla A. Harrod

Student Theses

Historically, assessing deception has been rooted in the belief that a guilty suspect displays signs of anxiety. Based on a suspect’s physical demeanor and other behavioral cues presented during an interrogative session, law enforcement personnel (LEP) will utilize a set of techniques to elicit information about a crime. One such technique is the administration of feedback, which is the verbal assessment of a suspect’s guilt. The issue that stems from administering feedback lies not only in how it is given but also how it is received and interpreted by others. In a two-part study, the possibility of a “Feedback Effect” …

Examining The Use Of Hebephilia And Paraphilia Non-Consent In Sexually Violent Predator (Svp) Evaluations, Nicole Graham

Dissertations, Theses, and Capstone Projects

Sexually violent predator (SVP) legislation requires, in part, that an individual has a mental abnormality which causes difficulty in controlling sexual behavior. Previous research has found paraphilia not otherwise specified (NOS) to be one of the most prevalent diagnoses proffered in SVP evaluations. Since these studies, however, the Diagnostic and Statistical Manual (DSM) has updated the paraphilia NOS diagnosis in two ways. First, this diagnosis has been divided into two new diagnoses—other specified paraphilic disorder (OSPD) and unspecified paraphilic disorder. Second, OSPD requires an added specifier to indicate the individual’s source of sexual arousal. To date, no study has systematically …

Exploring The Structural Effects On The Lethal Violence At The U.S. Counties Under The Situational Action Theory: An Application Of Multivariable Spatial Regression Model, Yunho Yeom

Dissertations, Theses, and Capstone Projects

Since the stream analogy (Unnithan, Corzine, Huff-Corzine, & Whitt, 1994) and the frustration-aggression approach (Henry & Short, 1954) in lethal violence phenomenon analysis, several scholars have integrated theories from outside of their fields of study to understand lethal violence under a single theoretical framework. Some of these researchers have focused on deteriorating socioeconomic conditions and the collective attributional style when explaining the causes of lethal violence; others have failed to assume the non-independence of observation among contextual predictors. Recognizing these shortcomings, this study integrates the social components of situational action theory to examine their mediating effects on the relationship between …

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies, which …

A Microspectra Analysis Of Synthetic Wig Fibers, Jaclyn R. Beshlian

Student Theses

The goal of this study was to determine whether differentiation between 20 visually similar light brown synthetic wig fibers was possible with the use of a microspectrophotometer (MSP). Visually similar fibers were chosen to display the power of the instrument over the human eye. An MSP is an instrument that has the ability to aid in the analysis of certain microscopical samples. With this particular instrument one is able to collect the absorption and fluorescence spectra of microscopical colored samples without destroying the piece of evidence itself. Prior to any analysis with the MSP, the material of the fibers was …

Dna Recovery From Handwritten Documents Using A Novel Vacuum Technique, Patrick M. Mclaughlin

Student Theses

Investigations of many crimes such as robberies, kidnappings, and terrorism are often associated with the recovery of a paper document which has been written by the perpetrator. Paper can provide a variety of forensic evidence such as DNA, latent fingermarks, and indented writing. The focus of this study was the collection of probative DNA profiles from the text region of a handwritten note through a vacuum suction device without altering or destroying the document. Collection of DNA evidence was carried out in two separate groups. The first group involved 11 volunteers providing a handwritten note sample with unwashed hands. The …

An Exploration Of Protein And Dna Components In Fingerprint Residue, Ashley Borrego

Student Theses

The main focus of this project was to investigate the protein and DNA components in both sebaceous and eccrine fingerprints. This study investigated the relative content of DNA and proteins in eccrine fingerprints to sebaceous fingerprints. All volunteers were instructed to wash and dry their hands prior to depositing parallel thumbprints. Twenty volunteers were instructed to touch their face to produce sebaceous prints, and 5 volunteers were instructed to wear gloves over a heat source to produce sweaty or eccrine prints. Microscopy was used to score the cellular debris of the right fingerprint on a scale of 1-4 based on …

The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh

Student Theses

Eyewitness testimony has been found to be an unreliable form of evidence (Loftus, Miller & Burns, 1978; Oswald & Coleman, 2007; Wells & Hasel, 2007; Loftus & Greenspan, 2017; Jaross, 2018; Wade, Nash, & Lindsay, 2018; Wixted, Mickes, & Fisher, 2018). Yet, this evidence is still used in the courts today, and, in fact, is perceived by jurors as important and compelling in comparison to other case factors (e.g., character evidence, physical evidence; Topp-Manriquez, McQuiston, & Malpass, 2014; Kabzińska, 2015). Additionally, eyewitnesses are sometimes requested to help create a facial composite of the suspect and, critically, these composites are then …

The Impact Of Client's Gender And Culture On Service Providers Strategies In Diversion Programs, Stephany Betances

Student Theses

Despite the growing rate of adolescent girls in the criminal justice system, there has been little institutional support for empirically supported programs tailored for girls (Matthews & Hubbard, 2008). There is a similar substantial lack of culturally specific programming. Problematically, both constructs have been found to impact treatment (Bright & Jonson-Reid, 2010; Matthews & Hubbard, 2008). This qualitative study utilized grounded theory principals to investigate the impact of gender and culture on the therapeutic relationship for justice-involved youth in seven alternative-to-incarceration agencies in New York City. Elicited themes focused on both recommended strategies and continued challenges. Results indicated that while …

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 …

The Forensic Analysis Of Adult Temporary Tattoos, Paige Cooper

Student Theses

Adult temporary tattoos have become more popular, yet there is very little research on them, especially regarding their use in forensics. This poses a problem because forensic investigators may not be able to distinguish a temporary tattoo from a real tattoo, possibly hindering their investigation. In this study, various types of adult temporary tattoos were examined and analyzed in attempts to identify and distinguish them, both from each other and from permanent tattoos. Infrared spectroscopy, specifically attenuated total reflection (ATR), proved to be more useful than ultra-violet visible light spectroscopy in terms of analyzing the samples. The natural adult temporary …

Method Development And Validation For The Determination Of Designer Benzodiazepines In Blood By Lc-Ms/Ms, Victoria Mei

Student Theses

The misuse of designer benzodiazepines, as an alternative to prescription benzodiazepines and for drug-facilitated sexual assaults, has emerged as a growing threat, due in part to the ease of purchasing these drugs on the internet at low prices. Causing concern for safety, is the lack of dosage information resulting in users self-medicating, often leading to unintended overdoses, coma, or death at higher doses. With limited published data regarding quantification of designer benzodiazepines in forensic cases, a method was validated for the determination of thirteen and screening for two designer benzodiazepines in blood, in addition to a limited number of common …

The Forensic Analysis Of Children's Temporary Tattoos, Erika Bravo

Student Theses

While children’s temporary tattoos have been produced since the 20th century, there are few scientific studies that have evaluated their physical and chemical characteristics. Therefore, this thesis is a preliminary study done to evaluate the composition of children’s temporary tattoos and consider the importance of such traces in a forensic content.

Colored regions in children’s temporary tattoos, such as red, pink, yellow and orange, were found to fluoresce with the use of an alternative light source while the use of microscopy led to the identification of different printing patterns between temporary tattoos. However, limitations in the ability to determine the …

Linguistic Features Of False Confessions And Confessions Not In Dispute: A Corpus Analysis, Lucrezia Rizzelli

Student Theses

Confessions are considered the gold standard of evidence, and yet many cases of false confessions causing wrongful convictions have come to the surface in the past decades. Currently, a method to identify false confessions does not exist and studies focusing on the content of the confessions have found similarities rather than points of distinction. In this study, we approached confessions from a stylistic rather than qualitative point of view, utilizing corpus analysis to outline the linguistic features of two samples of confessions: false confessions (n=37) and confessions not in dispute (n=98). Subsequently, we created a model …

Quorum Blockchain Stress Evaluation In Different Environments, Daniel P. Mera

Student Theses

In today’s world, the Blockchain technology is used for different purposes has brought an increment in the development of different Blockchain platforms, services, and utilities for storing data securely and efficiently. Quorum Blockchain, an Ethereum fork created by JPMorgan Chase, has placed itself in one of the widely used, efficient and trustful Blockchain platforms available today. Because of the importance which Quorum is contributing to the world, it is important to test and measure different aspects of the platform, not only to prove how efficient the software can be but as well as to have a clear view on what …

Gender Based Violence In India: An Analysis Of National Level Data For Theory, Research And Prevention, Dhanya Babu

Student Theses

Gender based violence is a human rights violation, both the causes and impacts of which crosses personal, societal and cultural boundaries. Various initiatives to address the problem of gender-based violence have resulted in many countries attempting to quantify the extent of such crimes. The purpose of this present study is to examine nature and extent of GBV in India for prevention policy actions. The National Crime Record Bureau (NCRB) of India publishes a consolidated list of reported crime happenings in the country every year. Recognizing gendered aspect of certain crimes, the NCRB maintains a separate chapter on incidences of crimes …

Stop, Question, And Frisk: A Tool Of Racial Control In New York City, Justice D. Evans

Student Theses

Broken Windows policing through the utilization of Stop, Question, and Frisk has been widely used by the New York City Police Department (NYPD) since the 1990s, as guaranteed by landmark Supreme Court Case Terry v. Ohio (1968). As a result, hundreds of minority citizens have been the victim of routine stops for minor offenses through this aggressive police tactic. This study utilizes 2017 NYPD Stop, Question, and Frisk Data to determine whether broken windows policing, through stop, question, and frisk, operates as a mode of racial control for African Americans in New York City. Through the utilization of chi-square analyses, …

Simultaneous Determination Of Fourteen Antipsychotic Drugs In Whole Blood By Solid Phase Extraction And Liquid Chromatography Tandem Mass Spectrometry, Theresa M. Dawe

Student Theses

Anti-psychotic drugs are commonly prescribed to patients to treat several mental conditions, such as bipolar, schizophrenia, and manic-depressive disorder. The analysis of anti-psychotic drugs in blood is a common practice in clinical and forensic toxicology, to monitor drug treatment (therapeutic drug monitoring) or to explain the cause of the impairment or intoxication in human performance and in postmortem cases. However, most of the current studies have been performed in plasma, and a limited number in blood. We developed and validated a method to confirm and quantify a panel of commonly prescribed anti-psychotic drugs in whole blood using solid phase extraction …

Fight, Flight, And Free Will: How Knowledge Of Biopsychosocial Effects Of Trauma Influence Free Will Beliefs And Punishment For Juvenile And Adult Offenders, Rachel Lazar

Student Theses

Justifications for punishment are generally grounded in retribution or consequentialism. Retribution presupposes a belief in free will, claiming that offenders freely and rationally choose to commit a criminal act, and are therefore deserving of punishment. Consequentialism does not necessitate a reliance on free will, and views punishment as means to a valuable end. In recent years, neuroscientific research has challenged the notion of free will, providing one pathway for a public shift away from retribution and towards consequentialism. However, methods by which to instill this doubt in laypeople are still being discovered. To date, no studies have attempted to instill …

Developing And Validating A Fast And Accurate Method To Quantify 18 Antidepressants In Oral Fluid Samples Using Spe And Lc-Msms, Sanghee S. Shin

Student Theses

Antidepressant drugs are one of the most widely used medicines for treating major depressive disorders for long time periods. Oral fluid (OF) testing offers an easy and noninvasive sample collection. Detection of antidepressants in OF is important in clinical and forensic settings, such as therapeutic drug monitoring and roadside testing for driving under influence. We developed and validated a comprehensive liquid chromatography tandem mass spectrometry method for 18 antidepressants (amitriptyline, bupropion, citalopram, clomipramine, cyclobenzaprine, desipramine, desvenlafaxine, doxepin, duloxetine, fluoxetine, imipramine, mirtazapine, nortriptyline, paroxetine, sertraline, trazodone, trimipramine, venlafaxine) in oral fluid collected by Quantisal® oral collection devices. 0.5 mL of Quantisal® …