scholarly journals Proposing a Theoretical Framework for the Criminal Investigation of Human Trafficking Crimes

2018 ◽  
Vol 14 (2) ◽  
pp. 493-511
Author(s):  
Laura Pajón ◽  
Dave Walsh

Abstract Human Trafficking (HT) is considered as one of the most complex crimes to investigate. However, to date, little research has been conducted concerning what occurs during criminal investigations of HT. The present study, through interviewing 21 highly experienced and senior professionals from law enforcement agencies and governmental bodies in the UK, conceptualizes HT investigations under a common framework that underpins a model for the investigation of these crimes. Data from these narratives reveals that a total number of 22 investigative actions are commonly taken throughout the investigative process, following an apparent sequential route. While participants disagreed as to when/how to initiate and conclude an investigation, absolute agreement existed when considering multi-agency collaboration, tactical advice and support, and intelligence sharing (as core elements in HT criminal investigations). Such data enables both academic and practitioner communities to better identify what are effective investigation actions when these crimes are investigated.

2016 ◽  
Vol 3 (1) ◽  
pp. 25-38
Author(s):  
Kate Garbers

This paper examines the United Kingdom’s approach to prosecutions and convictions of modern slavery and human trafficking offences. It focuses on the UK’s journey and the progress that it has made thus far, from having no legislation by which to tackle this crime to the newly enacted Modern Slavery Act (2015). The paper observes the low numbers of prosecutions leading to convictions as well as the difficulty in effective data collation and recording of trafficking offences. The paper focuses on a non- governmental organisations experience of working with victims and law enforcement agencies, using a sample of seventy four case files to record interactions with the criminal justice process. Further the paper suggests that in order for the Modern Slavery Act (2015) to obtain successful convictions, prosecution should only be seen as part of the solution and not the whole solution. It will only be a successful part of the UK narrative if it is used in conjunction with effective, long-term victim support and prevention efforts.


2020 ◽  
Vol 10 (1) ◽  
pp. 164-174
Author(s):  
Theyvaa Sangkaran ◽  
Azween Abdullah ◽  
NZ Jhanjhi

AbstractAll highly centralised enterprises run by criminals do share similar traits, which, if recognised, can help in the criminal investigative process. While conducting a complex confederacy investigation, law enforcement agents should not only identify the key participants but also be able to grasp the nature of the inter-connections between the criminals to understand and determine the modus operandi of an illicit operation. We studied community detection in criminal networks using the graph theory and formally introduced an algorithm that opens a new perspective of community detection compared to the traditional methods used to model the relations between objects. Community structure, generally described as densely connected nodes and similar patterns of links is an important property of complex networks. Our method differs from the traditional method by allowing law enforcement agencies to be able to compare the detected communities and thereby be able to assume a different viewpoint of the criminal network, as presented in the paper we have compared our algorithm to the well-known Girvan-Newman. We consider this method as an alternative or an addition to the traditional community detection methods mentioned earlier, as the proposed algorithm allows, and will assists in, the detection of different patterns and structures of the same community for enforcement agencies and researches. This methodology on community detection has not been extensively researched. Hence, we have identified it as a research gap in this domain and decided to develop a new method of criminal community detection.


Author(s):  
Kate Roberts

This chapter discuss how campaigning and amendments to the Modern Slavery Act, together with a government-commissioned review, resulted in workers being able to change employers within the six-month duration of their visa. In addition, those formally confirmed as trafficked are now permitted to apply for a two-year-long visa to work as a domestic worker in a private home without recourse to public funds. However, these measures fall short of the rights contained within the original visa, which not only worked to support domestic workers to escape abuse, but also went a long way towards preventing exploitative work and provided a pathway for those who had left exploitative work to move on with their lives. The chapter argues that the UK needs to move beyond the ‘rescue and release’ law enforcement-based approach that it has taken to date.


2002 ◽  
Vol 1 (4) ◽  
Author(s):  
Nicola Green ◽  
Sean Smith

The growth of mobile digital communication devices has seen a corresponding growth in the data created by users in the course of their mobile communications. The ease with which such data - including sensitive time-dependent location information - can be collected and stored raises clear data protection and concerns. The value such data offers to both law enforcement agencies and the private sector has complicated regulatory responses to such data protection concerns. This has lead to the contradictory situation in which mobile data is used by the law enforcement agencies and the private sector to identify individual users, yet this same information is not considered to be 'personal data'.


2009 ◽  
Vol 17 (3) ◽  
pp. 491-500 ◽  
Author(s):  
Terry Thomas

AbstractA number of countries now use sex offender registers as a policy to improve levels of public protection by ensuring that law enforcement agencies are better informed on the whereabouts of sex offenders in their communities. These policies are designed in part to improve child protection. The paradox is that some people on the register are themselves children and young people who have committed sexual offences. This article examines the development of the UK sex offender register and the registration of children and young people aged 10-17. It looks at attempts to provide alternative forms of registration and implications for the future in terms of children's rights.


Author(s):  
Mykola Pavlyk

The article considers the issues of international cooperation in the investigation of crimes in the field of employment of Ukrainian citizens abroad. An analysis of the main international legal acts ratified by Ukraine on the regulation of the activities of authorized entities in the field of external labor migration. It is emphasized that external labor migration is directly related to aspects of interstate cooperation, as the vast majority of permits for employment of citizens abroad are issued through the relevant foreign diplomatic missions. The legal aspects of the interaction of authorized bodies in the course of international cooperation are studied, attention is paid to certain features of the formation of such requests and the formulation of questions in them. And crimes committed in the employment of Ukrainian citizens abroad often have group characteristics of criminal activity, even transnational in nature and are mostly related to human trafficking and their successful investigation is impossible without proper cooperation and international cooperation of relevant law enforcement agencies. The author has concluded that today in Ukraine there are no theoretical and scientifically substantiated and practically tested methodological developments on the methodology of investigation of crimes committed on employment abroad. It is possible to improve the effectiveness of the investigation of crimes committed in the field of employment abroad, to more successfully counter these phenomena and to protect the citizens of Ukraine from criminal encroachments on external labor migration in the field of employment abroad, provided participants in the provision of such international assistance and authorized entities for the effective implementation of international cooperation, taking into account the specifics of these crimes.


2021 ◽  
Vol 58 (1) ◽  
pp. 1085-1093
Author(s):  
Khurshida Mirziyatovna Abzalova

In the world, protection of the rights and interests of the individual is one of the priority areas for improving legislation. In this process, a special role is played by criminal legislation, which is designed to ensure the protection of human life as the most valuable object of criminal law protection. The fight against crimes against life, in particular murder, is the highest priority for judicial and law enforcement agencies. In this regard, the adoption of effective measures to counter deliberate killings, the study of the causes and conditions that contribute to their Commission, as well as the identity of the killer are of great scientific and practical importance. According to statistics provided in the UN Global Study on Homicide report for 2019, the number of murders per 100,000 people in El Salvador is 61.8, in Brazil-30.5, in Russia-10.82, in Switzerland-5.35, in Uzbekistan-3, Finland-1.42, in the UK-1.2[1]. All this indicates the need to pay special attention to effective criminal law protection of human life.


2003 ◽  
Vol 5 (1) ◽  
pp. 50-62 ◽  
Author(s):  
Roger Billingsley

The use of informers by the police service in the UK has been the subject of recent research, even though the police service in this country has been protective towards this particular investigative method. It has been revealed from this research that there is a common assumption that the use of informers is quite unique among police relationships. This paper examines whether in fact the relationship between an informer and the police is really that unique, or whether it is the secrecy which surrounds it that provokes such an assumption. The paper relies heavily on a comparison with other relationships, starting with typical professional partnerships, then examining other police relationships. The factors which emerge from these relationships have been compared to police/informer relationships to determine how dissimilar they are. The paper suggests there are in fact many similarities between a police/ informer relationship and other professional partnerships, and concludes that it is probably the secrecy which the police have maintained that has created the assumption that the relationship is unique. It is suggested by the author that if the police/informer relationship became more transparent and accountable then this may lead to law enforcement agencies being less able to hide behind the veil of secrecy, which may help the concept of openness within the criminal justice system.


2021 ◽  
Vol 10 (47) ◽  
pp. 161-172
Author(s):  
Yaroslav Y. Buhaiov ◽  
Oleh P. Koretskyi ◽  
Viktoriia V. Koretska ◽  
Serhii V. Penkov ◽  
Artem O. Shapar

The paper aims to define an effective anti-human trafficking system in Ukraine. On the basis of theoretical information and international experience systematic analysis, the peculiarities of investigating crimes in the field of human trafficking are identified: timely receipt of information concerning crimes commission, assigning a case of human trafficking to an investigator or prosecutor with positive experience in detecting such crimes, cooperation of law enforcement agencies with each other and law enforcement agencies of other states in regard to effective ways of such crimes investigation, an effective system of human trafficking victims support. It is possible to increase the effectiveness of combating human trafficking through activities in the following areas: training of law enforcement officers in accordance with international standards; exchange of experience between Ukrainian law enforcement officers with the employees of relevant institutions of other countries; enshrinement at the statutory level of stricter responsibility for such crimes commission; monitoring the compliance of the Ukrainian anti-human trafficking system activities with international standards; creation of a comprehensive support system for human trafficking victims.


Author(s):  
David Shepherd

Abstract Access to justice for fraud victims remains an enduring problem in the UK. Law enforcement agencies have limited capacity and capabilities for delivering criminal justice. Civil justice is so expensive that it is only an option for those with deep pockets or lucky enough to find competent professionals who are willing to work under a conditional fee arrangement (no-win-no-fee). This article describes the progress of a fraud case from a victim’s perspective through both the criminal and civil justice systems in the UK. The experiences describe incompetence in law enforcement, dishonesty and incompetence amongst lawyers and other professionals, and fractured, self-centred justice systems that poorly serve the public in England and Wales.


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