Location,location, location: Interdistrict and intercircuit variation in sentencing outcomes for federal drug-trafficking offenses

Research on sentencing has made clear that factors beyond case and offenders' attributes influence court decisions. Environmental and procedural characteristics also significantly affect the sentences of criminal courts. Yet, while state-level studies regularly control for such factors, most research on modern federal determinate sentencing has neglected jurisdictional attributes and variation as sources of extralegal sentence disparity. Using the organizational context and social worlds theoretical perspectives with a multilevel analytical approach, this study assessed how district and circuit of adjudication affect case-level lengths of sentences for federal drug-trafficking offenses, finding that both significantly affect sentencing outcomes and their predictors.     

Sentence disparity in the federal courts and the adoption of sentencing guidelines

Pressure in the 1970's to reform the sentencing process can be attributed to a change in perceived public sentiment regarding the utility of treatment and to the belief that sentencing disparity was a severe problem in the sentencing process. Primary reform occurred in the federal judicial system with the development and implementation of rigorous sentencing guidelines. An evaluation of sentencing patterns for one federal judicial district indicates that sentencing disparity was not severe. Most federal offenders are relatively mild and consistently receive relatively mild sentences.     

Woman pullers: pimping and sex trafficking in a Mexican Border City

Much has been written about sex trafficking in the past decade, although empirical studies have remained few. Even less research has been done on those who make a living by facilitating the movement of women and children in the sex industry. This paper is based on a three-year study in Tijuana, Mexico, in which 92 sex trade facilitators were interviewed. Findings suggest a far more complex social process than portrayed by the anti-trafficking literature. Men and women of diverse backgrounds developed niches in Tijuana’s sex industry, by bringing women into contact with customers. This business appeared to be dominated by Mexican entrepreneurs, with no evidence of any systematic collaborations with either local criminal organizations or foreign traffickers. There appeared to be no shortage of women willing to work in the sex industry, suggesting limited prospect for coerced prostitution. Still, a small number of pimps reported using “persuasion” to recruit women of particular types from interior Mexico. Commissions or referral fees were the most common form of income received by pimps for their services, and the rules on how money was to be made and split between sex workers and venue owners appeared well established. While a few respondents could sustain a livelihood through pimping, the majority held other jobs.     

Methods of sex trafficking: findings of a case study in Turkey

The underground sex industry in Turkey has increasingly become dependent on the foreign women, predominantly coming from the former Soviet Union. Some of these women became victims of sex trafficking. However, little is known about how they are recruited, transferred to, and exploited in Turkey. This article attempts to enlighten this process and makes use of police-recorded victim interviews (N?=?430), as well as key personnel interviews (N=?18) as primary data. Various methods and tactics are found to be used in sex trafficking operations in Turkey. Most victims are recruited by persons known to them proposing attractive job possibilities, especially in the entertainment business. The majority of victims enter Turkey with legal documents and with various transportation means. Traffickers obtain girls and sell them to customers in public and private settings using methods to control the victims, such as debt bondage, violence, confinement, confiscation of travel documents, and threats.     

Regulating forced labour and combating human trafficking: the relevance of historical definitions in a contemporary perspective

Forced labour has been regulated since 1930 on the basis of the ILO Convention on Forced Labour, and since 1957 on the basis of the ILO Abolition of Forced Labour Convention. In 2000 forced labour was included as one form of exploitation covered by the UN Trafficking Protocol, which situated trafficking into a context of transnational organised crime. In 2014 the ILO adopted a Protocol on Forced Labour, making a link between trafficking and forced labour. The aim of this article is to explore how forced labour came to be regulated and defined in these four treaties. The 1930 ILO Convention came about in a specific historical and political context, yet the 1930 definition remains in use even though the interpretation of forced labour, particularly as it relates to trafficking, has changed. This article focuses on the issue of trafficking for the purpose of forced labour within the context of migration and labour exploitation, and discusses the relevance of historical definitions of forced labour in the current discourse that sees human trafficking mainly as a security threat. It argues that a rigid interpretation of forced labour is not always useful in understanding forms of labour exploitation, at least in a contemporary European migratory perspective. The article calls for a broad interpretation of forced labour, which takes into account also subtle forms of control and coercion.     

When farmworkers and advocates see trafficking but law enforcement does not: challenges in identifying labor trafficking in North Carolina

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.     

Human trafficking revisited: legal,enforcement and ethnographic narratives on sex trafficking to Western Europe

In this paper we focus on the ways ‘victims’ and ‘perpetrators’ are imagined in the narratives on women who have been trafficked to West Europe for sexual exploitation. Three specific domains: international/national law, local law enforcement and ethnographic academic perspective are particularly important as they strongly influence political reaction to trafficking and describe the phenomenon from the perspective of the individuals concerned. In our analysis, an explanation of the diversity of the perceptions in these three domains is provided.     

Female sex offenders who abuse children whilst working in organisational contexts: offending,conviction and sentencing

To date, there has been very little research into the phenomenon of female-perpetrated institutional child sexual abuse (CSA). This study explored 71 cases of CSA perpetrated by women working with children, considered by UK police and courts between 2000 and 2016. Qualitative and quantitative content analysis was employed to examine court reports, professional regulatory body decisions, media reports and an online sentencing database in order to identify perpetrator and victim characteristics, the nature of the offending behaviour, modus operandi and criminal justice system responses. Findings indicate most women offended alone and had no previous criminal or employment records of concern. Victims were typically male and 15–16 years old. Most women received custodial sentences, typically of 2–3 years in length. Implications for policy and practice are also discussed.     

The labor impacts of policy change in health care: how federal policy transformed home health organizations and their labor practices

Health care organizations are highly labor-intensive; policies designed to stimulate organizational change are likely to have labor impacts. This paper examines the labor effects of policy change in home health care. Major federal home care policy trends since 1980 have spurred the evolution of the typical home care provider toward greater organizational and market rationality. Greater managerial sophistication has introduced changes in management/labor relations. Survey data from the 1986 DRG Impact Study are used to show how the pressure of cost-containment policies has pushed agencies to cut labor costs by increasing workloads, managerial supervision, and control of the work process. Research on the effects of recent policy change in health care has to date focused primarily on potential client effects. Labor impacts are rarely examined and are poorly understood at the time that policy is made. Findings in this article suggest that these issues deserve greater, more systematic attention, because unanticipated labor impacts may prove to be significant impediments to the realization of intended policy goals.     

Sentencing Guidelines and focal concerns: The effect of sentencing policy as a practical constraint on sentencing decisions

Contemporary research on criminal sentencing has analyzed sentencing under numerous sentencing policies, yet the effect of sentencing policy on outcomes and disparity is not known. A variety of sentencing guidelines systems, one of the more common sentencing policies, exists throughout the country. In addition, recent Supreme Court decisions regarding sentencing guidelines are likely to produce alterations to several state sentencing policies over the next few years. Using data from the state of Florida, the current study examines the effects of policy transformation on sentencing disparity within the focal concerns of sentencing perspective. The authors view sentencing guidelines as a practical constraint on sentencing decisions that influence other key variables. The results indicate that sentencing policy transformation has an important effect on both sentencing decisions and on the factors that shape those decisions. The findings suggest that future sentencing research and theoretical development would benefit from incorporating measures of policy differences in its analyses.     

The law and economics of international sex slavery: prostitution laws and trafficking for sexual exploitation

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.     

Hot spot trafficking: a theoretical discussion of the potential problems associated with targeted policing and the eradication of sex trafficking in the United States

Throughout the United States, legal professionals and advocates have taken measures to address the access to victims of sex trafficking. A commonly accepted practice has been to advocate for the removal of ‘sex for sale’ advertising in free media such as Craigslist and Backpage. Although this action against the solicitation of prostitution has been celebrated by many advocates and legal professionals, the removal of such advertisements does not directly affect the prevalence of sex trafficking. In fact, displacement theory suggests that the removal of solicitation advertisements and targeted policing forces traffickers to simply advertise elsewhere or become more creative in selling the victims, thereby concealing the act of sex trafficking and making it less identifiable. Although we do not advocate for the maintenance of ‘sex for sale’ advertisements, the process of removing these ads is counterproductive, having little positive impact on the incidence of sex trafficking in the United States. Rather, it forces both traffickers and victims to bury deeper in the already hidden world of sex trafficking. Policy implications derived from criminal displacement theory and research are provided.     

Reinstatement of the sexual harasser: the conflict between federal labor law and Title VII

Greater numbers of employers are adopting and vigorously enforcing policies prohibiting sexual harassment in the workplace. Discipline, including possible termination of employment, often is prescribed for the violation of such policies. When employees are represented by a union and covered by a collective bargaining agreement, final decisions relating to discipline often are made by arbitrators pursuant to the agreement's grievance and arbitration procedure. For a variety of reasons, arbitrators may decide that a lesser form of discipline than that imposed by the employer is warranted for acts of sexual harassment. Such arbitration awards present a substantial conflict between two compelling public policies--the public policy favoring the private resolution of workplace disputes and the public policy against sexual harassment. This article will address the several federal courts of appeals' decisions that have attempted to resolve this conflict.