Unregistered residents and registered crime: an estimate for asylum seekers and irregular migrants in Norway

The purpose of our study has been to better estimate the number and types of crimes committed by asylum seekers and irregular migrants. While data on immigration status for non-residents are lacking in Norwegian crime statistics, we use indirect identifiers (lack of a national ID number, citizenship, residency) to arrive at an estimate for persons with a pending asylum claim and the related group of irregular migrants (i.e. non-EU citizens). A very small amount of the total crimes registered with a known offender are committed by this group. However, these groups are most likely overrepresented as offenders compared to the registered resident population, also when taking age and gender into consideration. Our method is recommended in a field otherwise dominated by political arguments and as an alternative to registering asylum status in crime registers.     

Futile treatment: the need for legislation and uniform policies

As a matter of social policy, providers should place a top priority on educating colleagues and the public, including lawyers and the courts, so that there is genuine understanding that certain medical conditions, like anencephaly and brain death, cannot be ameliorated, changed, or improved through medical treatment even though the patient may continue to breathe with mechanical assistance for years. If health care professionals do not articulate and adhere to clear, universal standards of practice in this area, the courts will continue to define the duty of the medical profession, and, as Baby K illustrates, that is not acceptable.     

In search of solace and finding servitude: human trafficking and the human trafficking vulnerability of African asylum seekers in Malta

This article presents the findings of a 12-month ethnographic study of the development of human trafficking vulnerability among African irregular migrants in Malta. It illustrates the role that European migration and asylum policies have played when fostering the development of trafficking vulnerabilities amongst asylum seekers following their arrival through the gates of Fortress Europe. It critically evaluates the discourse and discursive frameworks that have held dominion over the way in which academics and policy-makers have understood human trafficking practices, drawing attention to forms of human trafficking exploitation that are underrepresented within both trafficking literature and empirical studies.     

Leading the health policy orchestra: the need for an intergovernmental partnership

The past decade provides a useful window through which to examine whether states are likely to provide health care leadership. During this era, states were given increased discretion to set health care policy, they had the financial resources to encourage innovation, and their administrative capacity was at its strongest ever. Despite the favorable conditions, however, states were reluctant to spend their own funds on programs for the uninsured, their efforts to make private insurance more affordable for the small business community were disappointing, and their efforts to regulate the managed care industry fell short. At the same time, though, the most promising innovations over the past decade were in programs financed primarily with federal dollars, administered primarily by state officials, and advanced by an intergovernmental partnership in which administrators at different levels of government prod each other to try and do more. This sort of intergovernmental partnership provides the best model for innovative health policy leadership.     

Human trafficking in the Philippines: the need for an effective anti-corruption program

An estimated three million Filipinos are at high-risk of being trafficked at any given time, representing 3.1% of the total Philippine population. The paper illustrates that corruption is a central issue in facilitating and continuing human trafficking in the Philippines. It demonstrates that if human trafficking is to be significantly reduced, then corruption must be curbed. The paper consists of three main sections. The first section is an overview of the trafficking problem in the Philippines. It discusses the scope of the problem such as the recruiters and traffickers, tactics used by the recruiters, and current transport routes and methods. The second section discusses current tactics being implemented by the government, non-government organizations (NGOs), and the international community to restrict human trafficking in the Philippines. It also illustrates that government corruption prevents the current tactics from being implemented well and in order to combat government corruption one must begin at the municipal level. The third section presents the inner workings of government and corruption at the municipal level, shows how the corruption reduces economic opportunities and legal equality for the citizenry, and how the loss of those opportunities and equality encourages migration from home municipalities—thereby encouraging human trafficking.     

Design of optimal policies: A variable structure control approach

This paper introduces methods of variable structure control (VSC) theory to economists. The VSC design is based on closed loop optimal control solutions. It is shown that VSC can yield stable solutions in the presence of parameter errors whereas conventional closed loop optimal control solutions become unstable. The methodology is applied to a simple economic model.     

The non-prosecution of human trafficking cases: an illustration of the challenges of implementing legal reforms

Research on the implementation of reforms focusing on policies and practices of the criminal court system reveals that members of the courtroom workgroup often resist or circumvent these legal reforms. This is particularly true if the reforms require changes in the way cases are prosecuted, affect the likelihood of successful prosecution, or impede the efficient and effective processing of cases. In this paper, I demonstrate that the findings of the Farrell et al. study of the prosecution of human trafficking cases are consistent with the larger bodies of research on prosecutorial charging decisions and the implementation of legal reforms. Like reforms designed to enhance the likelihood of successful prosecution of sexual assault and domestic violence cases, the new human trafficking statutes may not be capable of achieving the instrumental effects that those who lobbied for the changes envisioned.     

Identification of acepromazine in hair: an illustration of the difficulties encountered in investigating drug-facilitated crimes

After a drug-facilitated sexual assault (DFSA), a woman was found in a drowsy state at home. She remembered having drunk an unknown beverage by the accused. Blood samples (collected 8 hours after the DFSA), two glasses, and a teaspoon seized by the police were analyzed. Acepromazine, a phenothiazine tranquilizer used in human and veterinary medicine, was detected in the residue of one of the glasses. In spite of acepromazine absence in the victim's blood, the possible use of acepromazine in the DFSA was reported to the police. Two weeks later, a suspect admitted having orally administered acepromazine to the victim. Using a liquid chromatography-tandem mass spectrometry method, this compound was subsequently detected (31 pg/mg) in a sample of the victim's hair collected a month and a half after the DFSA. A potential short elimination half-life in humans and/or the well-known in vitro degradation of acepromazine could explain the negative blood result. DFSA toxicological investigations are challenging and can be complicated when a rather unusual substance is concerned. In particular, special care should be taken when interpreting the results, taking into account elimination and/or instability data, when available.     

The new Israeli health care reform: an analysis of a national need

This paper describes the current situation of health care services in Israel. Major problems are discussed and analyzed in terms of the dualism of the main health organizations (the Ministry of Health and the General Sickness Fund), the multiplicity and discontinuity of health care delivery, quality-of-care problems, and the uneven geographical distribution of facilities. A proposal for a reform of the health care system is outlined, and its principles enumerated. This reform, suggested by the Ministry of Health, reflects a new approach of separating the direct provision of care from the executive functions of planning and control of services. The Ministry's proposal is analyzed, and its implications are discussed in relation to the American health care system.     

Taxing the drug trade: Coercive exploitation and the financing of rule

Under the current prohibition regime fornarcotic drugs, taxing the illicit drugtrade appears a contradiction in terms.Nevertheless, a great variety of exactionsystems exist by which states, or fractionsof states, try to fiscalize resources fromparticipants in drug markets, and integratethis drug revenue into their system ofrule. Anti-money laundering legislationand new asset forfeiture laws are the morerecent examples of a much more extensivefiscal toolkit that is applied for thisgoal. This chapter tries to understand theunderlying dynamics of the war on drugs andits outcomes from this fiscal perspective.It looks at diverse modes of ``taxing' thedrug trade, in a variety of jurisdictions along theproduction-trafficking-consumption-investmenttrajectory of the international drugtrade, and tries to assess the implicationsof different fiscal regimes for the natureof rule. The general argument is that crimefighting and law enforcement are poorcategories to comprehend the much morefundamental question of social order thatunderlies these fiscal strategies. Theargument also suggests that criminalization could therefore be seen,not only as a qualitative change in theglobal political order, as Bayart wouldhave it in the citation below, but also asa political coercive strategy that aims tocreate the parameters of a new kind oforder through which power, wealth andsecurity can be accumulated andre-distributed.     

Age determination of unaccompanied asylum seeking minors in the European Union: a health law perspective

In the European Union, unaccompanied asylum seekers below 18 years of age are entitled to specific treatment. Age assessment practices to verify the age-statement by the asylum seeker differ between EU Member States. Medical methods in use raise questions about accuracy, reliability and safety. The medical, legal and ethical acceptability of invasive methods (notably X-rays) in particular is controversial. Human rights are at stake. The lack of common practices results in different levels of protection (discrimination). The absence ofstandardisation is an obstacle for the functioning of the Common European Asylum System. EU Best Practice Guidelines should remedy the situation; such guidelines should reflect the best interest of the child.