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Cassia Spohn 《Crime, Law and Social Change》2014,61(2):169-178
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. 相似文献
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Kelle Barrick Pamela K. Lattimore Wayne J. Pitts Sheldon X. Zhang 《Crime, Law and Social Change》2014,61(2):205-214
This article reports on the perceptions and experiences with labor trafficking of farmworkers, stakeholders, and law enforcement representatives in North Carolina. We found a sizeable number of farmworkers who had experienced labor trafficking violations, albeit with a convenience sample; and community agencies reported stories of labor trafficking victimization. However, most of the state and local law enforcement agencies that we attempted to contact simply ignored our requests for information about labor trafficking or reported no evidence of such victimization. Notwithstanding the sample limitations, we found a general lack of awareness of agricultural labor trafficking problems among law enforcement officials in our surveyed jurisdictions. We question whether our current law enforcement system will ever be in a position to effectively enforce the anti-labor-trafficking law; and suggest an alternative specialized mechanism be established. 相似文献
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George S. Rigakos 《Critical Criminology》1996,7(2):75-91
This essay examines the rise of neoconservative thought within criminological discourse from the enlightenment ‘quarrel’ with
ancient philosophy and church supported scholasticism in the 1700s to the present day. From the perspective of criminology,
it is argued that there is little new about the ‘new right’ with the exception that it has managed to galvanize itself as
a popular retributionist alternative among the working class in the United States, Canada, and England. The current organization
of social institutions in a modern ‘risk society’ facilitates the easy re-definition of the crises of late-modern capitalism
into issues of social control. It is not surprising we find the right reinvigorated and prominent under these conditions.
New left realism and crime control through social development are offered as competitive platforms from which to advance critique
of barbaric right-wing crime-control policies.
Despite all my rage, I am still just a rat in cage (Smashing Pumpkins 1996) 相似文献
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审查批捕和审查起诉是我国检察机关的重要职能,“捕诉一体”还是“捕诉分离”历来是学界及司法实务界的关注重点。2018年7月,最高人民检察院明确提出实行捕诉一体办案机制,即同一刑事案件的审查批捕和审查起诉由同一部门的同一检察官负责,捕诉一体成为全国检察机关深化司法责任制改革、优化司法资源配置的重大机制创新。 相似文献
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Gregor Urbas 《Crime, Law and Social Change》2006,46(4-5):207-221
“Operation Buccaneer” was the name given to a law enforcement operation against “DrinkOrDie,” a highly organised but globally dispersed Internet-based software piracy group. The concerted enforcement action, led by the US Customs Service and Department of Justice, extended to several European countries and Australia. This paper contrasts the legal consequences that flowed, with numerous suspects pleading guilty in the United States, some contested prosecutions in the United Kingdom, and a sole Australian suspect facing extradition to the United States to face charges. Operation Buccaneer illustrates the cross-national reach of both Internet-based intellectual property crime and the law enforcement response, as well as some of the complexities that arise in applying jurisdictional concepts such as the “double criminality” requirement for extradition in this evolving prosecutorial landscape. 相似文献
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Andrea Lange 《Trends in Organized Crime》2011,14(1):47-55
Human trafficking is a complex global and national crime problem harming victims physically, psychologically, and financially.
The Trafficking Victims Protection Act of 2000 (TVPA), Pub. La 106–386, and subsequent reauthorizations, provide assistance
and benefits to foreign born victims of labor or sexual human trafficking who are here in the United States. The strategies
used to encourage victims to come forward were modeled on those used in the anti- domestic violence (DV) and child protection
movements. These include initiatives alerting the public to domestic violence situations through awareness campaigns to increase
tips as well as calls for service to police. Other public service initiatives urge victims themselves to self-identify by
calling 1-800 numbers. While these techniques have shown success in reducing incidences of domestic violence and providing
help to victims, their use to combat sex trafficking has not produced the same level of results. This note explores the challenges
for immigrant women victims to self-identify as trafficking victims and urges that evidence-based research is needed to determine
the efficacy of a national call center approach. 相似文献
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International trafficking in humans for sexual exploitation is an economic activity driven by profit motives. Laws regarding commercial sex influence the profitability of trafficking and may thus affect the inflow of trafficking to a country. Using two recent sources of European cross country data we show that trafficking of persons for commercial sexual exploitation (as proxied by the data sets we are using) is least prevalent in countries where prostitution is illegal, most prevalent in countries where prostitution is legalized, and in between in those countries where prostitution is legal but procuring illegal. Case studies of two countries (Norway and Sweden) that have criminalized buying sex support the possibility of a causal link from harsher prostitution laws to reduced trafficking. Although the data do not allow us to infer robust causal inference, the results suggest that criminalizing procuring, or going further and criminalizing buying and/or selling sex, may reduce the amount of trafficking to a country. 相似文献
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Georgi Petrunov 《Trends in Organized Crime》2011,14(2-3):165-183
Often the criminal activities, especially organized criminal groups are aimed at generating large amounts of money in a short period of time. However, the criminal organizations differ in their approach to revenue management. This article focuses on the management of proceeds acquired from human trafficking and presents the results of an empirical study on the topic. This study is based on 152 semi-structured interviews conducted with sex workers, traffickers, law-enforcement representatives, and prosecutors. The article explores the movement of money within the criminal organizations, the methods of bookkeeping and accounting, and the basic techniques for laundering the proceeds acquired from sex trafficking from Bulgaria to Western Europe. By describing how the criminals engaged in human trafficking for sexual exploitation manage the money generated from this type of criminal activity, a better understanding of the criminal phenomenon itself can be attained. 相似文献
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主办侦查员制度进一步强化了侦查活动与侦查监督、审查起诉、审判等工作之间的衔接,而侦诉衔接的过程中主办侦查员与其他诉讼主体在理念、方法和思维方面存在差异,成为了主办侦查员制度发挥功效所面临的困境。对此,主办侦查员制度在施行与适用的过程中应当注重对主办侦查员法治化理念的强化,明确侦查中立性要求,提升侦查诉讼性目标,以主办侦查员主动化、负责制、提升侦查质量为方法实现侦诉衔接下主办侦查员制度的优化。 相似文献
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《Trends in Organized Crime》2009,12(3-4):379-384
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This paper examines how the trafficking issue has been defined by various stakeholders, the public and governments, and how these various definitions of the problem may have influenced current trafficking policies. Has the issue of trafficking become politicized and its definitions “stretched” by stakeholders? Have special interest groups, and sometimes governments as well, exploited the trafficking problem to support particular agendas? Are the victims of trafficking always the primary concern, or are other issues pushed forward at their expense? To address these questions, we examine the different approaches to trafficking and the data used to support the various claims and positions. 相似文献
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Detention and treatment down under: human rights and mental health laws in Australia and New Zealand
Mental health law reform in recent decades has drawn on the international human rights movement. The entering into force of the Convention on the Rights of Persons with Disabilities (CRPD) on May 3 2008 has been hailed by some as signalling a new era in relation to how domestic mental health laws should be reformed. Both Australia and New Zealand have ratified the CRPD and Australia has acceded to its Optional Protocol. New Zealand and the Australian Capital Territory and Victoria have statutory bills of rights which have an interpretive effect, but are unable to render other statutes invalid. Drawing on the results of interviews conducted with fifty-two representatives of consumer and carer organisations, lawyers, and mental health professionals across Australia and New Zealand, this paper examines the current thinking on human rights and mental health laws in these countries and outlines what changes, if any, may be brought to domestic legislation in light of the Convention. 相似文献
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Peter A. Mameli 《Crime, Law and Social Change》2002,38(1):67-80
The transnational sex industry experienced a surge during the 1990swith the breakup of the former Soviet Union. The virtual enslavementof a growing number of women into the global prostitution market fromthis region of the world has begun to be documented in an on-goingmanner by independent non-governmental organizations that trackmigration patterns and international criminal activity. The emergenceof this phenomenon in Europe expands the study of the transnationalsex industry well beyond Southeast Asia and Asia, where it has beenexamined primarily to date. Governments and internationalgovernmental organizations such as the United Nations are also nowfocusing on this issue from local and global perspectives. In thispaper, the roles that transnational police organizations can play, andhave been playing, regarding preventing and investigating the activitiesof the transnational sex industry, are explored. After sketching thescope of the problem, identifying the players of interest, and examiningthe roles that they have been performing to date, recommendations areoffered for strengthening police response in this area. 相似文献