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Human trafficking examples essay
Human trafficking examples essay
Human trafficking examples essay
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Unchecked Discretion and Prosecutors Misconceptions Prosecutors, for many years, are empowered with making decisions about who to prosecute, how many years the defendant could get, who gets a plea deal, and who does not.
Furthermore, prosecutors can make these decisions based on what they believe it is a “winnable” case. This “winnable” criteria depends on many factors, one of them, is the experience level of the prosecutor among some other issues closely followed by the knowledge and uniqueness of this law. As discussed in previous papers, human trafficking cases are unique on its development and investigation; however, this is not the case for its prosecutions. Prosecutors used the same tactics of prosecution on these cases as the
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Some of the reasons behind this are the lack of information available to inexperience prosecutors to assist them in developing a prosecution strategy. The lack of specialty units and training it is another factor that many prosecutor’s offices deal with while working these types of cases.
A direct result of this lack of training and specialized units is the belief that human trafficking victim’s credibility will be questionable during trial, simply because they are prostitutes or because they were in part responsible for their victimization. Another misconception of this type of cases is that the victim will refuse to cooperate with the case with prosecutors among others.
Victim Centered
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In regards to Human Trafficking the U.S. Department of Justice has used this term for funding purposes since about 2004 when they started funding several law enforcement and victim service programs that were combating human trafficking.
The Metropolitan Bureau of Investigation was founded to provide services to Orange and Osceola Counties in 1978 and currently the longest serving task force in the United States. Since 2012, this task force had been working with other jurisdictions to combat human trafficking as recommended by DOJ; however, this task force has been in operation without federal funding. The task force originally was composed of four agents from two local agencies and a supervisor.
Currently the group has eight investigators assigned to the task force with resources from Orange County Sheriff’s Office, Orlando Police Department, State Attorney’s Office Investigations, Florida Department of Law Enforcement, Federal Bureau of Investigation, and Homeland Security Investigation.
The goal of this multidisciplinary team is to provide the broadest range of services and resources for victims and the most diverse range of investigation and prosecution options in response to the perpetrators of this
In 1980, the first Joint Terrorism Task Force was established in New York City. It first began with ten FBI special agents and ten detectives from the New York City Police Department. The establishment of this Joint Terrorism Task Force was a result of the increasing numbers of terrorist bombings during the late 1970s and early 1980s. Then in 1993, the Houston FBI Division initiated its JTTF. Prior to 9/11, the US had 35 Joint Terrorism Task Forces. In 2...
Between 2007 and 2010 there were around 118 countries and 136 different nationalities that fell victim to traffickers (united nations publications, 2012). If we want to continue successful globalization patterns, we need to crack down on punishment for those who commit these crimes. In his article “A Decade in Review…” Luis CdeBaca states that prevention, protection, and prosecution are the key to stopping this global trend (CdeBaca, 2008). All three need to be implemented together and will not work independently. Preventing trafficking begins with prosecution of criminals. But often, prosecution can’t occur without witness testimony. This makes protection of victims essential in ending human trafficking. This along with more government involvement in labor law enforcement, we can bring justice to more victims. Government can check more into checking labor recruiting companies and potentially making more restrictive visas that allow people to cross borders more easily (CdeBaca,
Many organizations and programs are working to stop human trafficking and its insubordinate criminals. Organizations, such as the United Nations Conven...
Prosecutorial misconduct is when a prosecutor wrongfully convicts a defendant based on information he or she may keep concealed from a judge and/or jury. Ask the average citizen, and they are totally unaware that such a thing ever happens. The public is often persuaded to believe that all prosecutors are honorable people who are committed to ethics, justice, and upholding the law. But prosecutorial misconduct and misdeeds happen, and they occur more frequently than anyone would imagine. Judge Konzinski, stated to the Washington Post, “Prosecutorial misconduct is a particularly difficult problem to deal with because so much of what prosecutors do is secret. If a prosecutor fails to disclose exculpatory evidence to the defense, who is to know? Or if a prosecutor delays disclosure of evidence helpful to the defense until the defendant has accepted an unfavorable plea bargain, no one will be the wiser.” No wonder society is naive to the prosecutorial misconduct that transpire
When it comes to the vague ethics rules and finding effective ways to create a set of clearer ethical standards, legalistic approaches should be taken. Legalistic approaches began in the early 1900’s with the first set of ethics rules, the 1908 Canons. The 1908 Canons stated the primary duty of a prosecutor is to seek justice. The 1908 Canons method failed due to the lack of clarity concerning in depth what the prosecutor’s ethical obligations were. Another remarkable approach was the 1969 Model Rules, which made operational progress in defining the ethical duties of a prosecutor which established a set of rules, but yet and still failed to address the ethical obligation of seeking justice (American Bar Association, 1983). If these legalistic approaches continue to advance and make suitable amount of progress, less failure will occur and eventually the goal of seeking justice will be reached. An effective method to alleviate the vast discretionary authority with little to no transparency would be to use a prosecutor’s handbook (Joy 2006). Both the American Bar Association Prosecution Function Standards and National District Attorneys Association make recommendation of using a prosecutor’s handbook. These written standards bring more awareness to prosecutors allowing them to know the limits of their authority and provides guidance on how to properly exercise discretion. At the last point, inadequate remedies which create incentive to prosecutorial misconduct rather than deter it can be solved by reformation (Caldwell, 2013). Within trial courts, when a prosecutor has fraudulently obtained evidence, the trial court does have to option to exclude the evidence in which has been affected by misconduct. This approach typically does not result in anything further than a verbal reprimand. There are no types of
Cold case squads are formed because there are too many new cases or police initiatives coming in preventing investigators or police from working on the old cases. The most important part of cold case squads is the personnel. The squad must consist of the perfect mix of investigative and supervisory skills. The staffing model of a cold case squad is determined by whether the squad works full time or part time, and if the squad will be placed in the police station or a prosecutor's office. A squad usually consists of one full time investigator, a squad of 2 or more full time investigators, investigators that work cold cases on top of their other investigative duties, former homicide detectives that are part time or on a volunteer basis, one time cold case squads that are assigned
One of the many elements that have changed is the amount of discretion that is allowed pertaining to certain actors in our criminal justice system. It used to be that judges were allowed a great deal of discretion when it came to sentencing an individual and they could hand out sentences based on a more individual case by case basis. It seems that today the discretion has been mostly removed so there is no longer a real sense of individual justice, it now seems like the sentences are more of an equation of sorts where the offenses and aggravating or mitigating circumstances are put into a formula and the sentence range is spit out for the judge to interpret. With this setup there is minimal discretion offered to judges to sentence someone unfairly. It seems as though the prosecutors of current times have been given less discretion as well, they to fall into the equation phenomenon and the only real discretion they are given is when offering plea deals. With the majority of these changes being more current I will present an example of how discretion was used by a judge in my own case in 2005. I received a speeding citation for going 173 mph in a 65 mph zone on the US-1 highway between Sanford and Raleigh, NC. After receiving this citation I had a court
Sex traffickers will often train girls by teaching them sexual acts and raping them. Significantly represented as perpetrators, victims, and activists fighting this business, human trafficking is the only crime that occurs across the nation where women can take part in every role. Today, the business of human trafficking is way more violent and organized. A victim that has been with her trafficker the longest and earned his trust is known as the victim. The bottoms perform many jobs such as collecting the money from the other girls, disciplining them, talking others into the industry, and handling the day-to-day business for the trafficker.
"Police and Detectives." U.S. Bureau of Labor Statistics. Office of Occupational Statistics and Employment Projections, 8 Jan. 2014. Web. 17 Mar. 2014. .
Summary: We see that there are many different aspects and types of human trafficking that everyone should be made aware of. As a whole human trafficking is a lucrative industry raking in $150 BILLION globally. The impact that this industry has on its victims is
Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
How can doctors and nurses become more aware of this issue and better recognize victims?
...s And Challenges For Prosecutors." Crime, Law & Social Change 56.1 (2011): 71-89. SocINDEX with Full Text. Web. 10 Mar. 2014.
In the international effort to prosecute human trafficking, several guidelines and definitions of human trafficking have been provided:
Human Trafficking is a lucrative business where people are bought, sold, and traded as if they are property. It is important to understand as that “Human trafficking is not 'caused ' by poverty, lack of education, lack of legal status, or any other vulnerability factor: human trafficking is caused by human traffickers” (Human Trafficking). With that being said, certain financial situations often incentivize traffickers to get into the industry and for victims to be tricked into human trafficking. A significant amount of money is being made in the human trafficking industry, however because of its