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

2021 ◽  
Author(s):  
Samantha Lyneham

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.

Law & Policy ◽  
2019 ◽  
Vol 41 (2) ◽  
pp. 174-197
Author(s):  
Amy Farrell ◽  
Vanessa Bouché ◽  
Dana Wolfe

2012 ◽  
pp. 12-34
Author(s):  
Yubaraj Sangroula

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.


2018 ◽  
Vol 17 (3) ◽  
pp. 269-287 ◽  
Author(s):  
Julien Chopin ◽  
Marcelo F. Aebi

This article studies the process of attrition through a follow-up of all cases of domestic violence registered by the police forces of one Swiss canton in the first half of 2012 ( N = 592) as they pass to the prosecution and the court stage of criminal justice proceedings. The results show that the attrition rate found in Switzerland (80 percent) is lower than the rate usually found in the United Kingdom. This rate is explained by the fact that domestic violence is usually treated by academics as a homogeneous construct, but it is in fact composed of a large variety of offences and, in practice, the vast majority of those that are reported to the police would not entail a custodial sentence.


2018 ◽  
Vol 25 (1) ◽  
pp. 3-18 ◽  
Author(s):  
Carolina Villacampa ◽  
Núria Torres

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.


Politeia ◽  
2019 ◽  
Vol 38 (1) ◽  
Author(s):  
Paul Oluwatosin Bello

This article evaluates the efforts of the South African criminal justice system in combating human trafficking. The phenomenon of human trafficking has been a resonating issue of concern to the South African State. Several women, children, and to a lesser degree men have been entrapped in the web of exploitation produced via trafficking, in the country. Steps have been taken by the State to combat the scourge by enlisting human trafficking among crimes that require an effective criminal justice response, including the enactment of an anti-trafficking law for it to be combated. But then, instead of diminishing, the menace is still on the rise. From the findings of a broader doctoral study on ‘examining human trafficking and the response of the South African criminal justice system’, using mixed-method approach, it was discovered (amongst others) that the South African criminal justice system cannot effectively combat human trafficking in the country. Specifically, the study found that the triggering factors that engendered the vulnerability and eventual exploitation of people through trafficking fall outside the scope of the justice system. Findings also indicated a strong linkage between failure of social institutions and a rise in human trafficking in the country. The study further make recommendations for an enduring approach.


Sign in / Sign up

Export Citation Format

Share Document