Legal Studies Commons^™

The Role Of Temperament In Criminal Trajectories: Development, Stability, And Predictive Power Across The Life Course, Joshua A. Lang

Dissertations, Theses, and Capstone Projects

Temperament, an individual's largely innate tendency to experience and regulate responses to their environment, has long been studied but was only recently introduced as a primary predictor of criminal behavior (DeLisi & Vaughn, 2014). While prior criminological theories have incorporated temperament-related constructs, such as negative affect (Agnew, 1992; Moffitt, 1993) and self-control (Gottfredson & Hirschi, 1990), no other theory has explicitly positioned temperament as the central factor in offending. DeLisi and Vaughn’s temperament-based theory of antisocial behavior posits that individuals with low effortful control and high negative emotionality—features of a difficult temperament—are more likely to engage in criminal behavior. Despite …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Black Incarcerated Veterans And Va Service Access, Kimona S. Spencer

Dissertations, Theses, and Capstone Projects

This study investigates racial disparities in access to U.S. Department of Veterans Affairs (VA) services among incarcerated Veterans, with a specific focus on Black incarcerated Veterans. Drawing from critical race theory and the minority stress model, the study explores how race, discharge status, military experiences, and mental health conditions intersect to affect potential eligibility for and receipt of VA healthcare and benefits. Utilizing a secondary analysis of data from the Survey of Prison Inmates (SPI), the research employs quantitative methods to examine whether disparities exist in discharge characterizations, potential eligibility for VA care, and service utilization by race. Findings highlight …

Does Treatment Setting In Ati Matter? An Examination Of Completion Rates And The Role Of Violent Charges Among Individuals With Co-Occurring Disorders, George J. Anderson

Dissertations, Theses, and Capstone Projects

Despite the proliferation of alternatives to incarceration (ATI) for individuals with co-occurring disorders in recent decades, little is known about comparative styles of treatment used in this context. The following study uses data from a case management service in a large urban city (n=273) where several types of treatment are utilized in the ATI landscape. Specifically, this study compares ATI completion rates and time to completion or failure for several styles of treatment: clinic-based outpatient, residential, assertive community treatment (ACT) and personalized recovery-oriented services (PROS) programs. Results of a logistic regression indicate that individuals initially referred to residential treatment had …

Mind Your Business Or Be Your Brother's Keeper? Managing Vulnerability In The New York City Subway, Maria Barrera-Vilert

Dissertations, Theses, and Capstone Projects

This qualitative study investigates the management of safety and vulnerability in the New York City subway by analyzing public communication campaigns focused on counterterrorism, COVID-19, and deviance awareness. It explores how New Yorkers navigate the tension between adhering to a dominant New York cultural imperative to mind one’s business and being called upon to be their “brother’s keepers” and intervene when something risky happens.

The study is structured around three central elements that align with the three primary processes of public communication campaigns: representation, interpretation, and reaction. This study analyzes visual images associated with public communication campaigns and 43 …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Making Sense Of Making Parole In New York, Alexandra Mcglinchy

Dissertations, Theses, and Capstone Projects

For many individuals incarcerated in New York, the initial step toward freedom begins with an interview with the Board of Parole. This process, however, is frequently a complex and challenging one, characterized by repeated denials and extended incarcerations. The disparity in outcomes – where one individual may receive over 20 denials and another is granted parole on their first attempt – highlights the ambiguity and inconsistency in the parole decision-making process. This project aims to clarify the factors that influence parole decisions by concentrating on measurable variables. These include age, race, duration of sentence served, proportion of sentence served, type …

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

Epistemic Virtue And Receptivity To Science In Policing, Braden L. Campbell

Dissertations, Theses, and Capstone Projects

This dissertation investigates the underexplored relationship between character epistemology and its potential to explain behavior, decision-making, and culture within the criminal justice system, particularly the police. Building on the existing theoretical framework of evidence-based policing (EBP) and the recognized gap in understanding police receptivity to science, this study hypothesized that intellectual character at personal and collective levels positively correlates with science receptivity.

Epistemic character was defined through the aggregation of four traits: open-mindedness, defensiveness, insouciance, and groupthink. Science receptivity was measured by openness to change, desire to learn, reliance on intuition, and mistrust of science. Data were collected through surveys …

Beyond Punishment: A Critical And Interpretive Phenomenology Of Accountability, Cameron Rasmussen

Dissertations, Theses, and Capstone Projects

State responses to interpersonal violence in the US have long been focused on punishment and prison. While opposition to punitive responses to interpersonal violence has been marginal, there are small but growing efforts to challenge the primacy of punishment and incarceration. In its place, different non-punitive approaches to justice have been practiced and promoted including restorative justice and transformative justice, which see accountability, not punishment, as a primary goal. Accountability has been theorized and researched largely from the perspective of survivors of harm, and there is limited research on the experiences of people who have caused harm and engaged in …

Quality Management And Oversight Of Texas Forensic Science Service Providers, Sarah P. Chu

Dissertations, Theses, and Capstone Projects

Forensic science oversight in the U.S. largely relies upon voluntary third-party forensic laboratory accreditation programs. Without a national system of regulation and given the highly fragmented local systems of control, few forensic science service providers (FSSPs) are subject to regulatory oversight beyond their third-party accreditors. Texas is unique in its establishment of a robust statewide oversight system and a strong governmental culture of transparency, permitting this study of forensic quality management. This study consisted of two parts. The first part of this dissertation characterized and analyzed quality incident reports (QIRs) published by the Texas Department of Public Safety Crime Laboratory …

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

The Punitive Laboratory Of Neoliberalism: A Cross-National Examination, Beth A. Fera

Dissertations, Theses, and Capstone Projects

A large body of research has been produced to explain global punitive trends in recent decades. Neoliberalism, an economic philosophy expressed by market deregulation, privatization, and the retrenchment of social supports, has been offered as an explanation for increases in cross-national punitiveness. According to neoliberal penality theory, neoliberalism has shifted principles guiding punishment practices and the treatment of offenders, which has resulted in harsher national responses to crime. However, many tenets of this theory have not yet been tested empirically. Drawing heavily on propositions from neoliberal penality, group-threat, and penal populism literature, this dissertation examines the relationship between economic shifts, …

A Multifaceted, Non-Militarized Approach To Security Dynamics In Protected Areas: From Foot Patrols, To Tourism, And Local Communities, Monique Sosnowski

Dissertations, Theses, and Capstone Projects

A wide range of interventions have been implemented to reduce wildlife poaching incidents across the globe. These include community-based strategies, such as the development of alternative livelihoods; legal strategies, such as the development of legal frameworks at local, regional, and international levels; and wildlife law enforcement efforts, such increasing patrolling efforts. While community-based and legal strategies generally attempt to reduce the motivating factors surrounding the commission of crimes, wildlife law enforcement further attempts to prevent crimes from happening, assuming that someone will always be inclined. Given this inevitability, the question is raised regarding how to best reduce the occurrence of …

Fighting The Invisibility Of Domestic Violence, Yesenny Fernandez

Dissertations, Theses, and Capstone Projects

Analyzing the invisibility of domestic violence in New York City as 32% of women in the city experience intimate partner physical violence. In this project, domestic violence refers to all different kinds of violence that occur in a home between all the members who live there regardless of whether they are intimate partners or not. The data focuses on all the daily calls received by the New York Police Department (NYPD) and NYC Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) regarding domestic violence related incidents such as physical, psychological, emotional, and sexual violence, or murder. Even though many …

An Offer You Cannot Refuse: Understanding The Elusive Construct Of "Voluntary" Plea Decisions, Melanie B. Fessinger

Dissertations, Theses, and Capstone Projects

Defendants often plead guilty in exchange for reduced punishments. Some argue that these reduced punishments are necessary for the functioning of the criminal justice system, whereas others argue that they are inherently coercive because they place a burden on the exercise of constitutional rights. This potential coercion is of concern because the constitution requires valid guilty pleas to be made by defendants voluntarily. However, “voluntary” is an elusive construct of which courts, scholars, and laypeople have differing definitions. Although limited research has focused specifically on perceptions of voluntary pleas, decades of research have shown that individuals generally perceive decisions more …

Unlocking Potential: The School-To-Prison Pipeline For Students With Disabilities, Navena F. Chaitoo

Dissertations, Theses, and Capstone Projects

This research uses quasi-experimental, matched sampling to examine the school-to-prison pipeline for students with disabilities using data from the National Longitudinal Study of Adolescent to Adult Health. This study presents novel insights into an at-risk group that has faced disproportionate rates of school discipline and incarceration. The study finds school suspension to be associated with future involvement in the criminal legal system and lower educational attainment. Disability was not found to mediate the relationship between suspension and future involvement in the criminal legal system or the relationship between suspension and academic outcomes. However, disability was found to be a statistically …

Extremism In America: Explaining Variations In Ideologically Motivated Fatal Violence, Celinet Duran

Dissertations, Theses, and Capstone Projects

This dissertation uses data from the United States Extremist Crime Database (ECDB) to assess the nature of extremist violence between left-wing, far-right and al-Qaeda and associated movements (AQAM) inspired ideological fatal violence. It extends the empirical literature on extremist violence in three significant ways by: (1) expanding an existing database to provide a comparative component that is both timely and policy-relevant and conveys a more complete picture of the nature of domestic extremism in the U.S.; (2) systematically comparing extremist violence across the left-wing, far-right and AQAM ideologies to better assess the nuances of extremist violence; and (3) applying empirical …

The Cop In Your Head: Criminal Justice Education, Liberalism, And The Carceral State, Nicole Haiber

Dissertations, Theses, and Capstone Projects

This thesis centers policing ideology in higher education and the way it is constructed and fortified through criminal justice programs. In 1968, the Law Enforcement Education Program (LEEP) made funds available to police officers to attend college and awarded grants to universities to create criminal justice programs. The program effectively funneled federal money into the project of professionalizing the police and developed criminal justice as a field devoted to conducting crime research, as defined by the federal government. Criminal justice programs exploded across the country with the availability of LEEP funding, and the City University of New York’s (CUNY) John …

The Economic And Demographic Dynamics Of Pretrial Justice, Christopher Thomas

Dissertations, Theses, and Capstone Projects

Scholars since Rusche (1978 [1933]) have tried to explain the observed relationship between changes in punishment patterns and changes in local labor markets, most recently framing the criminal justice system as a racialized labor market institution. In an era of bail and jail reform, this dissertation contributes to the literature on the causes and consequences of changes in one especially salient form of punishment, pretrial detention. In particular, it focuses on the macro relationship between pretrial detention and local labor markets. Prior research in this tradition has examined how changes in labor markets lead to changes in penality, as reflected …

Elements Of Social Disorganization And Environmental Criminology: A Spatial Analysis Of Homicides In Villa Nueva, Guatemala, David J. Topel

Dissertations, Theses, and Capstone Projects

This study seeks to integrate the main spatial theories of crime, social disorganization, and routine activities theories while investigating the spatial dimension of homicides in Villa Nueva, Guatemala. Empirical relationships at a small unit of analysis, the natural cadaster blocks as defined by the municipality offer a more appropriate unit of analysis for the context of the city. While there is a robust body of work in developed nations synthetizing social disorganization and routine activities theories, the exploration of criminological theory integration and the use of the smallest unit of analysis still needs the addition of empirical research in Latin …

Blurring The "Bright Line": Examining Age-Related Differences In Jail Incarceration Outcomes Using A Resources-Challenges Model Of Emerging Adulthood, Olive F. Lu

Dissertations, Theses, and Capstone Projects

Jail incarceration represents an early and prevalent point of contact with the criminal legal system. While there is some evidence of age-related differences in jail incarceration outcomes such as rearrest and reconvictions, existing research typically only make comparisons between adults and adolescents. This bifurcation ignores the unique experiences of a third group: emerging adults aged 18 to 25. Evidence from developmental research combined with shifting social and cultural dynamics suggest that 18-25-year-olds, though adults by law, straddle the line between adolescence and adulthood while facing challenges that set them apart.

The current study incorporates a resources-challenges framework of emerging adulthood …

Scientific Development Of An Integrated Workflow For Latent Print, Questioned Document, And Dna Processing Of Paper Evidence, Ashley Morgan

Dissertations, Theses, and Capstone Projects

Touch paper evidence could be the source of probative human DNA but recovery is challenging and forensic laboratories instead prioritize processing by the Latent Print and Questioned Document disciplines. Recent advances in DNA collection methods and the increased sensitivity of STR typing kits have improved success rates for DNA testing of paper evidence; but prior to implementing DNA collection, laboratories have to decide in which order to examine paper for the different types of forensic evidence. This thesis developed and tested a multi-discipline workflow for processing paper evidence by DNA, Latent Prints and Questioned Documents experts. Preliminary sampling studies indicated …

Fatal And Non-Fatal Police Shootings In The United States, 2015: An Examination Of Open-Source Data, Yuchen Hou

Dissertations, Theses, and Capstone Projects

Purpose and Significance: Police shootings do not always result in death. This fact raises a question of what distinguishes fatal and non-fatal police shootings (FNFPS). However, no existing database is available to address how often and under what circumstances civilians have died from or survived police shootings in the United States. To fill the gaps, this dissertation research uses open sources to create a crowdsourced national database on FNFPS in the United States in 2015. The creation of this database provides researchers insights into the suitability and sustainability of open-source research applied for studying police shootings and offers practitioners …

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 …

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 …

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 …

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. …