Home » Posts tagged 'John Jay Research'
Tag Archives: John Jay Research
Nightmarish conditions inside Ecuador’s prisons have exploded into international news. Overcrowding, a struggle for territory between drug cartels, and correctional officers’ loss of control inside carceral facilities set the scene for a series of prison riots beginning in February 2021 that have claimed the lives of numerous incarcerated people—just how many have been killed or injured is still not known.
The drug trade in Ecuador has been operating from its prisons for some time, but violence flared up after the charismatic leader of Ecuador’s largest drug cartel, Los Choneros, was murdered in late 2020. To attempt to address the problem, Ecuadorian President Guillermo Lasso in December 2021 convened a commission that, in his words, “would analyze the causes and effects of the current prison situation.” But according to Dr. Luis Barrios, a professor in John Jay’s Latin American and Latinx Studies Department and in the CUNY Graduate Center’s Psychology and Social Welfare programs, the conditions that allowed this to happen have been around since long before 2021.
“Stop saying this is an inmate issue,” he says, quoting a recent report from the Inter-American Commission on Human Rights, “this is a structural, systemic issue.” Barrios points to a culture of reaction rather than prevention, a lack of effective public policy to deal with criminal justice matters, and pervasive corruption. All of this has created an environment inside the prisons where violence is incentivized. “In this type of environment, this is the way to survive. You kill or they kill you. That is part of the reality that we want to describe.”
Dr. Barrios serves as one of seven members of the independent commission created by President Lasso; his participation came at the request of the incarcerated. His scholarship brought him into contact with and gained the trust of gang members on the streets of Ecuador, New York City, and elsewhere, working with John Jay professor David Brotherton to study gangs as social organizations. Now he brings that expertise to this work, visiting prisons one week of every month through June 2022 in order to produce a report that will effect real change in Ecuador.
“As a commission, we went beyond diagnosis; we went inside the prison, we are spending quality time. You can feel the pain, frustration, and anger,” says Barrios. “So instead of just giving a diagnosis, we decided to create proposals that the government can implement immediately to deal with this prison crisis.”
Among the proposals called for by commission members: an increased focus on crime prevention rather than punishment; human rights protections; decentralization of the legal and judicial system; better training for correctional officers and prison administrators; an effective prison census; and access to health services and educational opportunities for the incarcerated, including programs that give inmates other options besides engaging in the drug trade.
Dr. Barrios brings his activism to both of his vocations: academia and the priesthood. He sees both as complimentary opportunities to empower communities and work for justice. This work informs his objections to the Ecuadorian government’s proposed “mano dura,” or zero tolerance, approach to shutting down gang violence in prisons. Above all, he seeks to use his role on the commission to protect Ecuador’s vulnerable incarcerated populations and guarantee that the government respects human rights. “There’s no neutrality when it comes to dealing with justice,” he says. “You take the side of justice or you take sides against it—when you say you’re not going to get involved, you are already involved.”
Dr. Luis Barrios has been a faculty member at John Jay College for 28 years, and at CUNY for even longer. During that time, he has worked on projects that blend social action and scholarship, involving gangs and gang violence, deportation, human rights, clinical work focused on trauma and abuse, and contemporary perspectives of life on the Dominican-Haitian border.
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 American politics, issues like immigration and the refugee crisis generate national headlines daily. But the complex dynamics of immigration are inextricably tied to U.S. history in the Americas, where a legacy of colonialism continues to define the relationship between the United States and the nations of Central and South America.
More than 50 years of interventions in Guatemala, Honduras, El Salvador, Panama, Chile, Brazil and other countries in the southern hemisphere have affected the lives of these countries’ residents in various ways. Many have resulted over the long term in the systematic destabilization of government coupled with a legacy of violence and military dictatorship, contributing to the reasons that immigrants may cite for wanting or needing to leave their homelands: gang violence, repression, dictatorship and more.
Several professors and students at John Jay have made it their life’s work to investigate the causes and ramifications of this instability, among them José Luis Morín, Claudia Calirman, Pamela Ruiz, and Marcia Esparza. We profiled these scholars in our latest issue of Impact magazine. Read on for a summary of our Impact feature story.
Suing for Justice
José Luis Morín, Chair of John Jay’s Latin American and Latinx Studies Department, is deeply involved with the process of finding justice for the victims of the American 1989 invasion of Panama. Morín had been in the thick of the invasion, which he recalls as “literally a war zone,” and subsequently filed a lawsuit on behalf of individuals who had been directly harmed, seeking reparations from the United States.
Nearly 30 years later, in December 2018, the Inter-American Commission on Human Rights finally issued a decision in the case, holding the U.S. government solely responsible for the deaths of Panamanian citizens during the invasion; it is responsible for compensating the victims for damages.
Finally having a decision saying that the U.S. had violated human rights through its actions was a key step toward justice. Morín returned to Panama following the decision, going to communities to explain what this meant and speak to the individuals and families who were part of the case.
“What makes this particularly relevant, and so critical to the work we do in this department, is having our students learn about the history of Latin America and how the U.S. played such an integral role in how these countries developed,” said Morín.
Art Under Fire
The U.S. justified its intervention in Panama as a defense of democracy, but some U.S.-backed “democratic” leaders have turned out to be authoritarian dictators. This was the case in Brazil, where a right-wing authoritarian government ruled from 1964 to 1985.
Claudia Calirman, Associate Professor of Art & Music, is an expert on artistic resistance to government repression in Brazil, and her research — including her first book, Brazilian Art Under Dictatorship — explores how art was expressed in mediums designed to thwart detection. These mediums include body art and what was called “ready mades,” which are every day objects modified to carry subversive or critical messages that could be circulated publicly without implicating the artist.
Calirman’s ongoing work explores different facets of Brazilian art over a variety of time periods, showcasing the ways Brazilian artists approach tough issues and combat repression. Her forthcoming book deals with Brazilian women’s struggles with the term “feminism” as it has applied to their work since the 1960s and ’70s. And Calirman is working on curating a Spring 2020 exhibit at John Jay’s Shiva Gallery about ongoing censorship of art in Brazil.
Pamela Ruiz is a recent graduate of the CUNY Criminal Justice doctoral program whose dissertation analyzed the evolution of gang violence in the Northern Triangle of Guatemala, Honduras and El Salvador. An explosion of gang violence in these Central American countries is connected to instability and the destabilization of democratic governments.
Ruiz aimed to classify violence that is truly gang-associated, to dispel myths around violence and better target enforcement. “The perception is that all this violence is attributed to gangs,” she explained, ‘but when you go into a country and interview people, you discover that it’s different groups contributing to violence in different areas.”
Her quantitative methods are filling a key gap in research in the region, providing reliable data that policymakers can use to reduce violence, target corruption, and more.
Marcia Esparza, Associate Professor of Sociology and an expert on genocide, state crimes, and human rights violations, would argue that, wherever violence and repression are to be found, remembering victims and commemorating resistance is vital in learning from the past and addressing present violence and corruption.
“If we don’t look at the long-term footprints of militarization on the local level, we cannot talk about democracy or democratic institutions,” she says. Esparza was inspired by her work interviewing genocide survivors in Guatemala to found the Historical Memory Project, which archives and draws on primary sources to memorialize the victims of genocide and state violence, and those who resisted it.
She also emphasizes the importance of helping John Jay students connect with their histories as part of a diaspora. Esparza’s students play a key role in the project’s efforts, as they organize and sort through the large archive to pull together educational exhibitions.
The shared history of interventionist foreign policy and authoritarian rule has created a spider’s web of mutual entanglements that continue to tie the United States to its southern neighbors to this day. This long-term history of invasion and intervention by the United States has created patterns and threads that John Jay scholars trace in their efforts to understand, alleviate, and memorialize violence and instability in these countries, in order to achieve justice, create a lasting peace and, in the process, help some Latinx John Jay students better understand their own histories.
For the full feature, please visit the John Jay Faculty and Staff Research page to read the whole magazine in PDF form!