scholarly journals Human trafficking for criminal exploitation: Effects suffered by victims in their passage through the criminal justice system

2018 ◽  
Vol 25 (1) ◽  
pp. 3-18 ◽  
Author(s):  
Carolina Villacampa ◽  
Núria Torres
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Justice System ◽  
Victim Assistance ◽  
Criminal Exploitation ◽  
Depth Interviews

The victim-centred approach to human trafficking emphasises the protection of victims and respect for their rights. For this protection to be effective, victims must be treated as such in their passage through the criminal justice system, which can be complex with forms of trafficking that are still relatively unknown, such as trafficking for criminal exploitation. Based on 37 in-depth interviews with Spanish practising criminal justice and victim assistance services professionals, this paper analyses the effects that the failure to identify these types of victims has on them as they make their way through the criminal justice system, paying particular attention to the degree to which the aforementioned professionals recognise the principle of non-punishment.

Attrition of human trafficking and slavery cases through the Australian criminal justice system

2021 ◽  
Author(s):  
Samantha Lyneham
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Justice System ◽  
Attrition Rate ◽  
Attrition Analysis

Police and prosecutors face a range of challenges while investigating, prosecuting and, ultimately, attempting to secure a conviction for human trafficking and slavery offences in Australia. In this study, investigation and prosecution data were analysed to chart the progression of matters and identify reasons for attrition. Analysis revealed an overall prosecution attrition rate of 73 percent. Attrition was most evident during the initial phases of prosecution, when the decision to lay charges was being considered. However, there was a 60 percent chance of conviction as a result of the defendant either pleading or being found guilty. Defendants were more likely to be convicted for ancillary charges (eg migration offences) than the most serious charges of human trafficking and slavery. The prosecution attrition rate for the most serious charges was 80 percent, compared to 54 percent for lesser charges.

Assessing the Impact of State Human Trafficking Legislation on Criminal Justice System Outcomes

Law & Policy ◽  
2019 ◽  
Vol 41 (2) ◽  
pp. 174-197
Author(s):  
Amy Farrell ◽  
Vanessa Bouché ◽  
Dana Wolfe
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Justice System ◽  
The Impact

scholarly journals Trust Toward the Criminal Justice System Among Swedish Roma: A Mixed-Methodology Approach

2020 ◽  
pp. 215336872093040
Author(s):  
Simon Wallengren ◽  
Anders Wigerfelt ◽  
Berit Wigerfelt ◽  
Caroline Mellgren
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Mixed Methodology ◽  
Minority Populations ◽  
Cultural Effects ◽  
Historical Processes ◽  
System 2 ◽  
Willingness To Report ◽  
Depth Interviews

Minority populations’ trust toward the criminal justice system is understudied in many parts of Europe, including Sweden. This article will contribute to this field by examining the trust in the criminal justice system among the Roma community in Sweden. The aim of the study was to (1) estimate the Roma community’s trust toward the criminal justice system, (2) examine what factors influence the community’s trust toward the criminal justice system, and (3) analyze whether trust toward the authorities influences the Roma community’s willingness to report victimization. The study used a mixed-methodology design in combining survey data ( n = 610) with in-depth interviews ( N = 30). The findings show that the respondents have a low level of trust in the criminal justice system authorities. According to the regression analysis, the strongest predictor of trust was shown to be explained by the respondent’s perception of procedural unfairness. Qualitative findings supported these results while also highlighting cultural effects and historical processes that explain the community’s lack of trust. Finally, trust in the authorities seems to be an important factor that influences crime reporting.

scholarly journals Unravelling the ‘crimmigration knot’: Penal subjectivities, punishment and the censure machine

2019 ◽  
Vol 20 (3) ◽  
pp. 302-318 ◽  
Author(s):  
Eleonora Di Molfetta ◽  
Jelmer Brouwer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Social Exclusion ◽  
Justice System ◽  
Crime Control ◽  
Border Control ◽  
Foreign National ◽  
Migration Policies ◽  
Depth Interviews ◽  
Hybrid Forms

This article explores the challenges that (cr)immigration practices pose to draw the boundaries of punishment by examining foreign national prisoners’ penal subjectivities. More exclusionary and draconian migration policies have blurred the boundaries between border control and crime control, creating hybrid forms of punishment that, even if officially claimed as measures outside the criminal justice realm, inflict pain and communicate censure. Drawing on 37 in-depth interviews with foreign national prisoners facing expulsion in the Dutch penitentiary facility of Ter Apel, we detail how hybrid (cr)immigration practices are capable of imposing and delivering meanings that go well behind rooted significances and aims of administrative measures. Traditionally designed with preventive purposes, administrative measures have now become part of a project of social exclusion and reaffirmation of the worth of citizenship. This circumstance raises problematic questions for the legitimacy of the criminal justice system in dealing with non-citizens.

scholarly journals Professional Relationship between Crime Investigators and Prosecutors in the Human Trafficking Crimes

2012 ◽  
pp. 12-34
Author(s):  
Yubaraj Sangroula
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Theoretical Basis ◽  
Justice System ◽  
Professional Relationship ◽  
Major Focus ◽  
Failed State ◽  
The Past

The paper delves into some major problems encountered by the criminal justice system of Nepal with regard to the crime of trafficking and protection of victims. An attempt has been made to ponder into notional or theoretical basis of problems as well the procedures being applied in investigation, prosecution and trials of the trafficking offences. The major focus of the article lies on the need of coordination between the investigator and the prosecutor. The paper reflects on some notional misconceptions of actors which are significantly contributing to the 'continuity of the failed state of the prosecution in the trafficking cases. It is an undeniable fact that Nepal's criminal justice system is largely a 'relic' of the past. The new principles adopted in the changed context after 1950 are largely reduced to 'non-productive' due to these looming misconceptions of actors. In this light, the paper has made some general efforts to ' relate the ground reality of Nepal prevailing criminal justice system with the demands of a modern criminal justice system's principles. The issues of trafficking crime are seen in these perspectives.

The Color of Victimology

2019 ◽  
pp. 529-537
Author(s):  
Kyrie Hernandezpeterson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victimization ◽  
Assistance Programs ◽  
High Profile ◽  
Victim Assistance ◽  
The Media ◽  
To Receive ◽  
Emotional Effects

Victims are the center of the criminal justice system. However, negative treatment by any service provider discourages individuals from taking advantage of the services being offered to victims through various organizations in their respective communities. The study of victims (victimology) is informative on the physical, psychological, and emotional effects crimes have on victims. Victim assistance programs and resources have substantially grown over the years in an effort to improve protection to all and assist in pursuing proper justice for victims and those suffering from victimization. The National Crime Victimization Survey (NCVS) and Uniform Crime Report (UCR) are used to gather statistics to further victim research. High profile cases in the media have led to the criminal justice system being deemed biased. Statistics do not substantiate racial discrimination in victimology or in the criminal justice system. There are instances of discrimination in select cases, but as a whole, the criminal justice system should not be viewed as discriminative. The focus should be placed on refining victim assistance programs and being creative in providing the proper resources victims need to receive the justice they deserve and the care and help they need.

Metaphors judges live by: ‘dirty minds’ and the ‘fear of contamination’ in the new criminal justice system in Mexico

2021 ◽  
pp. 1-17
Author(s):  
Adriana Alfaro Altamirano
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
National Context ◽  
Judicial Practice ◽  
George Lakoff ◽  
Depth Interviews ◽  
New System

Abstract In this paper, I take George Lakoff and Mark Johnson's thesis that metaphors shape our reality to approach the judicial imagery of the new criminal justice system in Mexico (in effect since 2016). Based on twenty-nine in-depth interviews with judges and other members of the judiciary, I study what I call the ‘dirty minds’ metaphor, showing its presence in everyday judicial practice and analysing both its cognitive basis as well as its effects in how criminal judges understand their job. I argue that the such a metaphor, together with the ‘fear of contamination’ it raises as a result, is misleading and goes to the detriment of the judicial virtues that should populate the new system. The conclusions I offer are relevant beyond the national context, inter alia, because they concern a far-reaching paradigm of judgment.

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