Rethinking Prosecutorial Discretion: Towards A Moral Cartography of Prosecutors

Author(s):  
Diego Tuesta

Abstract This article examines the justifications that a group of prosecutors employs when coordinating human trafficking investigations in the Amazon. The study is based on interviews with officials who work in Madre de Dios, Peru, a region affected by small-scale gold mining, whose demand for labour has increased the incidence of human trafficking. I draw from Boltanski and Thévenot’s polity model to elucidate three moral principles regularly endorsed by prosecutors in the course of criminal investigations: efficiency, civic and domestic values. Together these comprise a moral cartography of prosecution. This study from the Global South contributes to a more holistic—and pragmatic—understanding of prosecutors’ charging decisions, complementing research approaching this topic from the perspective of bounded rationality.

Author(s):  
Aubrey L. Langeland ◽  
Rebecca D. Hardin ◽  
Richard L. Neitzel

Artisanal and small-scale gold mining (ASGM) has been an important source of income for communities in the Madre de Dios River Basin in Peru for hundreds of years. However, in recent decades, the scale of ASGM activities in the region has increased dramatically, and exposures to a variety of occupational and environmental hazards related to ASGM, including mercury, are becoming more widespread. The aims of our study were to: (1) examine patterns in the total hair mercury level of human participants in several communities in the region and compare these results to the 2.2 µg/g total hair mercury level equivalent to the World Health Organization (WHO) Expert Committee of Food Additives (JECFA)’s Provisional Tolerable Weekly Intake (PTWI); and (2), to measure the mercury levels of paco (Piaractus brachypomus) fish raised in local aquaculture ponds, in order to compare these levels to the EPA Fish Tissue Residue Criterion of 0.3 µg Hg/g fish (wet weight). We collected hair samples from 80 participants in four communities (one control and three where ASGM activities occurred) in the region, and collected 111 samples from fish raised in 24 local aquaculture farms. We then analyzed the samples for total mercury. Total mercury levels in hair were statistically significantly higher in the mining communities than in the control community, and increased with increasing distance away from the Madre de Dios headwaters (as the crow flies), did not differ by sex, and frequently exceeded the reference level. Regression analyses indicated that higher hair mercury levels were associated with residence in ASGM communities. The analysis of paco fish samples found no samples that exceeded the EPA tissue residue criterion. Collectively, these results align with other recent studies showing that ASGM activities are associated with elevated human mercury exposure. The fish farmed through the relatively new process of aquaculture in ASGM areas appeared to have little potential to contribute to human mercury exposure. More research is needed on human health risks associated with ASGM to discern occupational, residential, and nutritional exposure, especially through tracking temporal changes in mercury levels as fish ponds age, and assessing levels in different farmed fish species. Additionally, research is needed to definitively determine that elevated mercury levels in humans and fish result from the elemental mercury from mining, rather than from a different source, such as the mercury released from soil erosion during deforestation events from mining or other activities.


2015 ◽  
Vol 17 (2) ◽  
pp. 478-487 ◽  
Author(s):  
Sarah E. Diringer ◽  
Beth J. Feingold ◽  
Ernesto J. Ortiz ◽  
John A. Gallis ◽  
Julio M. Araújo-Flores ◽  
...  

Environmental sampling over 560 km of the Madre de Dios River indicated a gradient of mercury exposure from areas of active mining to downstream communities.


Author(s):  
Faye Koenigsmark ◽  
Caren Weinhouse ◽  
Axel Berky ◽  
Ana Morales ◽  
Ernesto Ortiz ◽  
...  

Total mercury content (THg) in hair is an accepted biomarker for chronic dietary methylmercury (MeHg) exposure. In artisanal and small-scale gold mining (ASGM) communities, the validity of this biomarker is questioned because of the potential for contamination from inorganic mercury. As mining communities may have both inorganic and organic mercury exposures, the efficacy of the hair-THg biomarker needs to be evaluated, particularly as nations begin population exposure assessments under their commitments to the Minamata Convention. We sought to validate the efficacy of hair THg for public health monitoring of MeHg exposures for populations living in ASGM communities. We quantified both THg and MeHg contents in hair from a representative subset of participants (N = 287) in a large, population-level mercury exposure assessment in the ASGM region in Madre de Dios (MDD), Peru. We compared population MeHg-THg correlations and %MeHg values with demographic variables including community location, sex, occupation, and nativity. We observed that hair MeHg-THg correlations were high (r > 0.7) for all communities, regardless of location or nativity. Specifically, for individuals within ASGM communities, 81% (121 of 150 total) had hair THg predominantly in the form of MeHg (i.e., >66% of THg) and reflective of dietary exposure to mercury. Furthermore, for individuals with hair THg exceeding the U.S. EPA threshold (1.0 μg/g), 88 out of 106 (83%) had MeHg as the predominant form. As a result, had urine THg solely been used for mercury exposure monitoring, approximately 59% of the ASGM population would have been misclassified as having low mercury exposure. Our results support the use of hair THg for monitoring of MeHg exposure of populations in ASGM settings where alternative biomarkers of MeHg exposure are not feasible.


2015 ◽  
Vol 2015 (1) ◽  
pp. 3484
Author(s):  
Beth J. Feingold ◽  
Helen Hsu-Kim ◽  
Kaitlin Porter ◽  
Ernesto Ortiz ◽  
Laura Rogers ◽  
...  

Author(s):  
Gerardo Martinez ◽  
Stephen McCord ◽  
Charles Driscoll ◽  
Svetoslava Todorova ◽  
Steven Wu ◽  
...  

Artisanal and small-scale gold mining (ASGM) in Madre de Dios, Peru, continues to expand rapidly, raising concerns about increases in loading of mercury (Hg) to the environment. We measured physicochemical parameters in water and sampled and analyzed sediments and fish from multiple sites along one ASGM-impacted river and two unimpacted rivers in the region to examine whether Hg concentrations were elevated and possibly related to ASGM activity. We also analyzed the 308 fish samples, representing 36 species, for stable isotopes (δ15N and δ13C) to estimate their trophic position. Trophic position was positively correlated with the log-transformed Hg concentrations in fish among all sites. There was a lack of relationship between Hg concentrations in fish and either Hg concentrations in sediments or ASGM activity among sites, suggesting that fish Hg concentrations alone is not an ideal bioindicator of site-specific Hg contamination in the region. Fish Hg concentrations were not elevated in the ASGM-impacted river relative to the other two rivers; however, sediment Hg concentrations were highest in the ASGM-impacted river. Degraded habitat conditions and commensurate shifts in fish species and ecological processes may influence Hg bioaccumulation in the ASGM-impacted river. More research is needed on food web dynamics in the region to elucidate any effects caused by ASGM, especially through feeding relationships and food sources.


Author(s):  
Sarah E. Diringer ◽  
Axel J. Berky ◽  
Marco Marani ◽  
Ernesto J. Ortiz ◽  
Osman Karatum ◽  
...  

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