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During the chaotic years of the Trump Administration, the United States experienced a rise in hate crimes. This increase has been confirmed by FBI data collection, media reporting, and independent scholarship. According to Dr. Frank Pezzella, an Associate Professor of Criminal Justice at John Jay College and a scholar of hate crimes, four out of the past five years, from 2015 to 2019, have seen consecutive increases in hate crime offending in this country, something he says is new. Nine of the ten largest American cities had the most dramatic increases in hate crimes – including New York City.
Hate crimes, or bias crimes, are strictly defined by the FBI. The organization sets out 14 indicators that must be present for a criminal offense to be classified as a hate or bias crime, that provide objective evidence that the crime was motivated by bias. But according to Dr. Pezzella, the evidence to meet those criteria isn’t always clear. Not every hate crime is as flagrant as the Pulse nightclub shooting in 2016 or the 2018 attack on Pittsburgh’s Tree of Life Synagogue. To establish a hate crime was committed, first responding police officers must look for evidence of bias motivation – what Pezzella calls an “elevated mens rea” requirement. But bias can only be committed against legally protected categories, like race and ethnicity, sexual or gender orientation, disability, or religion, which vary from state to state. And the additional paperwork and procedural requirements that come with classifying an incident as a hate crime are, in his words, disincentivizing police reporting.
Undercounting Hate Crimes
The result of these complications is rampant underreporting. In his new book, The Measurement of Hate Crimes in America, Dr. Pezzella looks at the reasons why hate crimes are so undercounted in the United States, and proposes some solutions for what law enforcement and policymakers can do to correct the issue. Since the enactment of the federal Hate Crimes Statistics Act in 1990, which required the Attorney General to collect data about hate crimes, the FBI has been fulfilling this mandate in the form of the Hate Crime Statistics Program, published annually as part of the Uniform Crime Report. According to Dr. Pezzella, since 1990 the UCR has reported an average of roughly 8,000 hate crimes per year; but victims, he says, report around 250,000 hate crimes per year. He attributes this substantial gap to a variety of factors including the evidentiary and procedural barriers noted above. In addition, only about 100,000 of these victimizations are ever reported to the police in the first place. And when victims do report, police departments are under no legal requirement to pass their findings on to the FBI.
“Of the roughly 18,500 police departments, only maybe 75% participate in the Uniform Crime Report hate crime reporting program – note that it is voluntary,” says Pezzella. “So we don’t even know about hate crimes in 25% of precincts. And of the participating 75%, roughly 90% report zero hate crimes every year. So one of the reasons we wrote the book is that, either we don’t have hate crimes the way we think we do, or we have a systemic reporting problem.” It’s obvious which he believes is true.
The consequences of underreporting hate crimes are severe, Dr. Pezzella says. “To the extent that we underreport both the type and extent of victimization, it really does put a specific policy issue in front of us. We need to know who’s being affected, how they’re being affected, and the extent of the effect, in order to fashion remedies.” The only way to target treatment and services for the most vulnerable and likely victims is through accurate reporting.
In order to remedy undercounting and better target policy, Dr. Pezzella presents a number of recommendations in The Measurement of Hate Crimes in America. He calls for changes to take place within police departments, at the level of state and local politics, and in the criminal legal system. First, he suggests that every precinct have a written and clearly posted hate crime policy, and that every officer be trained to understand the rules for identifying bias crimes and the statutes governing them in their particular state. He would also like to see greater police-community engagement on this issue, with better tracking of non-criminal bias incidents – like seeing a swastika or other racist tag in the neighborhood – which Pezzella says often lead to violent bias crimes. He would especially like to see hate crime reporting made mandatory, with penalties or audits following a departmental report of zero bias crimes in a year.
Stepping out of police departments, Dr. Pezzella also calls for greater engagement from state and local politicians, who after all control the purse strings as well as set state legislation, but who are often hesitant to call attention to a problem with hate crimes in their district. Finally, he wants prosecutors’ offices to commit to seeking hate crime convictions, rather than settling for the easier task of convicting an offender for non-bias equivalents. With every actor across the board invested in tackling hate crimes and being transparent and proactive about applying best practices, offenders are put on notice that the community, including police, won’t allow these harmful crimes to continue.
Dr. Pezzella has been studying hate crimes since his graduate school years at SUNY-Albany, but he doesn’t feel he’s reached the end of this line of research. Going forward, he is interested in studying the deleterious and vicarious effects hate crimes can have on the victims’ communities. Because bias-motivated offenders target victims based on what they are rather than what they do, Dr. Pezzella says, there is a sense that anyone could become the next victim. This impersonal threat undermines societal ideals of trust and equality, and can even affect property values, as whole groups feel unsafe in certain areas and may be forced to relocate. Pezzella also mentions the psychological and emotional impacts of feeling under threat for simply being who and what you are. “When a victim goes home and says they were a victim of a hate crime, in what way does it impact the quality of life or sense of safety for secondary victims [i.e., the victim’s community]?” he asks. “What do they do? While we understand the direct impact, we know less about this vicarious impact, and how far it extends beyond the primary victim.”
He also has his eye on current events, especially the rise of domestic terrorism in the United States. Dr. Pezzella is concerned about the growing number of organized hate groups in recent years, and how emboldened they have been by rhetoric from the top levels of government. While many mass shootings have been categorized as domestic terrorism, Pezzella also sees evidence of bias that might categorize these events as hate crimes. If they are being left out of crucial counts that help to allocate resources and fight back against hate in this country, he wants to know.
Dr. Frank Pezzella is an Associate Professor of Criminal Justice at John Jay College. His primary research focus is on the causes, correlates, and consequences of hate crimes victimizations. He also conducts research on issues that relate to race, crime and justice. In addition to his most recent book, he is also the author of Hate Crime Statutes: A Public Policy and Law Enforcement Dilemma, as well as numerous peer-reviewed articles.
There is no question that the fashion industry causes great harm to the environment. The industry’s faddish nature, combined with the overproduction of low-cost, low-quality pieces, is designed to encourage overconsumption. Production of fast fashion garments eats up precious resources, like clean water and old-growth forests, and discarded clothing can sit in landfills for hundreds of years, thanks to synthetic materials used in construction.
According to scholars Monique Sosnowski—a Ph.D. candidate in criminal justice at the CUNY Graduate Center—and John Jay Assistant Professor of Criminal Justice Dr. Gohar Petrossian, pollution is not the fashion industry’s only crime. In a new article, they investigated what species were being utilized for the fashion industry, which is worth over $100 billion globally, in order to better understand the damage the industry causes to wildlife and wild places.
Sosnowski and Petrossian looked at items imported by the luxury fashion industry and seized at U.S. borders by regulatory agencies between 2003 and 2013. Their study found that, during that decade, more than 5,600 items incorporating elements illegally derived from protected animal species were seized. The most common wildlife product was reptile skin—from monitor lizards, pythons, and alligators, for the most part—and 58% of confiscated items came from wild-caught species. The authors also found that around 75% of seizures were of products coming from just six countries: Italy, France, Switzerland, Singapore, China and Hong Kong. The heavy involvement of the European countries was unexpected, according to Dr. Petrossian, because they are key players in fashion design and production but “don’t generally come up in broader discussions on wildlife trafficking.”
THE SCIENCE OF WILDLIFE CRIME
The paper applied “crime science, a body of criminological theories that focus on the crime event rather than ‘criminal dispositions,’ to understand and explain crime. The overarching assumption is that crime is an opportunity, and it is highly concentrated in time, as well as across place, among offenders, and victims,” says Dr. Petrossian. Their scientific approach enabled the authors to analyze patterns and concentrations in wildlife crime, which Sosnowski notes is among the four most profitable illegal trades.
“We are currently living in an era that has been coined the ‘sixth mass extinction,’” she says. “It is crucial that we understand the impact that humans are having on wildlife, from habitat loss to the removal of species from global environments. Fashion is one of the major industries consuming wildlife products.”
A background in wildlife conservation, including unique experiences like responding to poaching incidents in Botswana and rehabilitating trafficked cheetahs in Namibia, led Monique Sosnowski to a Ph.D. in criminology; she wanted to move beyond a more traditional conservation-informed approach to address what she’d seen in the field. Working with Dr. Petrossian on a series of studies applying crime science to wildlife crimes has given her a broader view of the effects of wildlife-related crime on global ecosystems.
CREATING SOLUTIONS, SAVING WILDLIFE
Why is it important to understand what species are most commonly used in luxury fashion products, and where they are coming from? A study like this one provides information about trends that policymakers can use to strengthen or focus enforcement and inform better understanding of the issues. Sosnowski calls this “the key to devising more effective prevention policies.”
Currently, global regulation of the trade in wildlife products, including leather, fur, and reptile skin that come from species both protected and not, is the province of the Convention on International Trade in Endangered Species (CITES); this treaty aims to ensure that international trade in wild animals and plants does not threaten their survival. But the treaty is limited in scope.
“Given the prevalence of exotic leather and fur in fashion, we believe CITES and other regulatory bodies should enact policies on its use and sustainability in order to protect wild populations, the welfare of farmed and bred populations, and the sustainability of the fashion industry,” Sosnowski says.
Consumers also have a role to play. “We are all led to believe that products found on the shelves are legal, but as this study has demonstrated, that isn’t always the case. Consumers of these products are the ones who have the power to change the behaviors of a $100 billion industry. We need to ask questions about where our products were sourced, and respond accordingly.”
Summarized from EcoHealth, Luxury Fashion Wildlife Contraband in the USA, by Monique C. Sosnowski (John Jay College, City University of New York) and Gohar A. Petrossian (John Jay College, City University of New York). Copyright 2020 EcoHealth Alliance.
Although it may seem obvious, the basic question of fairness is of huge concern to those interested in reforming our nation’s criminal justice system. This is especially important in the courtroom. “The administration of justice,” says John Jay constitutional law professor Gloria Browne-Marshall, “is supposed to be done as equally under the law as possible.” That’s the concept of due process.
But the system doesn’t always work fairly. “Mass incarceration … is unfortunately disproportionately shouldered by people of color,” said Browne-Marshall. So how do we change things to ensure equitable outcomes?
Behind the scenes, a host of scholars at John Jay College are leading the charge to develop findings, share knowledge, and train officers of the court to promote courtroom practices that are more impartial and lead to real justice. Read on to be introduced to these scholars, or read the full feature article on pages 16-17 of this year’s Impact research magazine.
Taking Better Testimony
Young or old, witnesses can be unreliable. “The most important finding is that memory is malleable and reconstructive, rather than an exact replica of any given event,” said Deryn Strange, a professor of psychology. Adult memories, especially when recounting traumatic experiences, can change over time and with the introduction of new information. Memories may incorporate intrusive thoughts, or even warp to include what the individual wishes she did differently.
Strange, who not only does research on memory but also educates courtroom officials, believes that whenever someone’s memory is on trial, judges, juries and lawyers all need to understand the power and limitations of human memory. Otherwise, decisions of guilt or innocence may very well be incorrect and unjust.
Kelly McWilliams, an assistant professor in psychology, focuses her research on children in the witness box, specifically how they use and understand language, and experience memory. Children’s memories are more limited than adults’, and they are susceptible to the introduction of false memories through questioning. Gaining helpful testimony from young witnesses depends more on the questions asked than on their abilities.
McWilliams’s research builds on recommendations from the National Institute of Child Health and Human Development — like asking open-ended questions, using general prompts, and more. McWilliams tests new modes of questioning to gather details children might not share in response to an open-ended question, which may be necessary for charging decisions or establishing credibility. “These are practices that take into account what kids are capable of doing and what we should and shouldn’t be asking them to do as witnesses,” she says.
Understanding the Science
Courtroom participants — attorneys, judges, and jurors alike — can often use help determining which pieces of scientific evidence are credible. Margaret Bull Kovera, a social psychologist by training, has researched this issue for two decades.
Evidence like repressed memories and bite analysis, and even fingerprint evidence, lack a solid basis in science. However, they often make their way into evidence, accompanied by expert witnesses, and parties to a trial may not know enough to challenge them. As a result, “they make decisions that are really not borne out by the evidence, if one were evaluating it properly,” says Kovera.
Kovera’s research is working toward a set of safeguards that contribute to better decision-making. The most promising method is simply to highlight flaws in the evidence during cross examination — something that attorneys can be trained to do — or opposing experts can help provide context. In the end, procedure that relies on solid science helps result in fairer justice.
Open to Interpretation
The quest for fairness doesn’t end at conviction. Post-incarceration, language access is an important part of accessing necessary services and treatment in prison. According to Aída Martínez-Gómez, an associate professor of legal translation and interpreting, incarcerated people who don’t speak the official language of the institution where they are being held face a number of roadblocks. It’s harder for incarcerated people to navigate forms, requests, and services without translated materials. But she says there are promising solutions.
Martínez-Gómez advocates most strongly for nonprofessional interpreting services — or services provided by incarcerated peers. In one example from her work, the practice “not only contributed to overcoming the language barrier in the prison, but also to specific rehabilitation goals and potential job opportunities” once the individual’s sentence ended.
In the end, creating a fairer system means using empirical evidence to apply justice accurately and equally in the courtroom and beyond, and to avoid administering justice in arbitrary, capricious, or discriminatory ways. Though these studies can’t solve every inequality, small changes in process and better education of the parties involved can move the needle on basic fairness.
For the full feature, please visit the John Jay Faculty and Staff Research page to read the whole magazine in PDF form!
In June 2019, OAR shared a few of our 2018 most productive scholars with our Twitter followers. Check out the whole thread below, and don’t forget to follow @JohnJayResearch and the researchers mentioned below to get more information in real time!
Last year we recorded more than 700 journal articles and book chapters published by @JohnJayCollege faculty members! While we finish adding up this year’s #JJCResearch productivity, we want to introduce you to some of our most productive #JJCFaculty scholars
First up is @ktwolff11, who also won the 2019 Scholarly Excellence Award and the Donal EJ MacNamara Award for significant scholarly contributions to #criminaljustice! His most recently published article examines patterns of recidivism after a sex offense, find it here: (bit.ly/2XaqWmw)
Next is @kevinnadal, @JohnJayCollege professor of psychology and the author/editor of two books in 2018! His research explores the impacts of microaggressions on the mental health of marginalized groups including people of color, women, LGBTQ individuals, & more. #JJCResearch
Today’s ft. #JJCFaculty scholar is @ElizabethJeglic, who published 2 books, 9 peer-reviewed articles, 6 book chapters, and 7 online articles and blogs last year!! Her research focuses on sexual violence prevention — her latest article is in journal ‘Sexual Abuse’ #JJCResearch
Next up is @JohnJayCollege criminal justice prof @PizaEric. Not only is he often featured by the media as an expert on policing matters, but he published 13 journal articles in 2018 on the data behind risk-based policing, CCTV, and more! #JJCResearch
Do you know @JohnJayCollege poli sci prof Samantha Majic? An OAR #BookTalk alum (), last year she published new book “Youth Who Trade Sex in the U.S.” and has been speaking and writing about the harms of & issues surrounding sex trafficking. #JJCResearch
Last year, @DrMazzula, who is the founder of the @LatinaRAS as well as a @JohnJayCollege prof, kept busy writing and presenting about two key issues: microaggressions, and gender/minority representation in academia. #thisiswhataprofessorlookslike #JJCResearch
And don’t forget Philip Yanos, who in 2018 not only published his book ‘Written Off,’ but also a monthly column in @PsychToday by the same name. His articles, on stigma attached to mental illness, were cited more than 700 times last year!
And last but not least, @JohnJayCollege is home to some great podcasts. Check out @indoorvoicespod, @TWOH_VL, @NewBooksPoliSci, @QualityPolicing, @JohnJayTLC on Teaching and Learning, and @lavueltablog. So much to learn about!