New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.     

Explaining the under-performance of the anti-human-trafficking campaign: experience from the United States and Europe

The American and the global campaigns against the trafficking of humans for labor and for sexual exploitation have had more than a decade of time and millions of dollars of support in an effort to suppress trafficking and protect its victims. Four of the six articles in this issue explore the reasons why the campaign in the United States has not had more instrumental success with respect to its prosecution goals. The number of cases brought and convictions obtained are fewer than what might be expected. Most of the cases brought involve sex trafficking. The less than impressive record of enforcement against human trafficking appears to be another example of how even very popular law reforms and crusades can be cooled out by the social realities of the criminal justice system. Sex trafficking cases are difficult to make because the victims are difficult to work with, juries are unsympathetic, and the police, prosecutors, judges have their own priorities. The article on the attempt to eliminate sex trafficking by switching to a policy of regulating prostitution rather than treating it as a crime indicates that policy change did not succeed. An attempt to create an index for assessing the implementation of anti-trafficking programs was successful.     

The transnational political criminal nexus of trafficking in women from Ukraine

Throughout the 1990s, tens of thousands of Ukrainian women were trafficked into prostitution. This phenomenon was researched by collecting data through interviews and surveys in Ukraine, media reports, governmental and non-governmental (NGO) reports on trafficking, and participant observation in conferences. Trafficking occurs because of a transnational political criminal nexus, which is comprised of individual criminals, organized crime groups, corrupt police and governmental officials, foreign governments, and NGOs. Traffickers' methods of operation are flexible and adapted to ease of recruiting victims, cooperation of corrupt officials, risk of being detected, and profit. In destination countries, victims are controlled by confiscation of travel and identity documents, debt bondage, threats, and violence. Political components of the nexus include foreign governments that support NGOs that ignore the views of civil society in Ukraine, and instead, support the foreign governments' positions on trafficking and prostitution, resulting in a corruption of civil society. Some foreign governments also support changes in laws that enable a legal flow of women into their sex industries.     

A higher bar: Institutional impediments to hate crime prosecution

Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses a higher burden of proof than what is required by statute; loose coupling between police departments and prosecutors' offices; and cultural distance between law enforcement and victims. Findings also reveal that advocacy groups and media can successfully increase the visibility of cases and draw the attention of prosecutors. The findings align with aspects of legal endogeneity theory and enhance our understanding of the role of organizations in constructing the meaning of law. The results also help explain why some laws are rarely enforced, even when they have support from key personnel in an organization.     

The Double Entendre of Juvenile Prostitution: Victim versus Delinquent and the Necessity of State Uniformity

Under the federal Trafficking Victims Protection Act (TVPA), minors performing commercial sex acts are deemed victims of human trafficking; however, prosecutors and judges continue to charge and adjudicate minors as prostitution offenders rather than as sexually exploited youth. To stop the perpetuation and victimization of sexually exploited children, states must join the movement in reform to match the standards of the TVPA. The federal law presumes that minors charged with prostitution are victims rather than criminals and are in need of specialized social services. To protect victims of sex trafficking, states should pass legislation in line with the TVPA, creating a presumption of immunity for all prostituted minors.     

Rapid Assessment Exploring Impediments to Successful Prosecutions of Sex Traffickers of U.S. Minors

Critical psychological, systemic, and legislative barriers to the successful prosecution of child sex traffickers who exploit U.S. citizens were uncovered during a rapid assessment conducted in a U.S. metropolitan region considered a high intensity child prostitution area. Information obtained during 34 face-to-face interviews with criminal justice professionals most likely to encounter child sex trafficking victims was supported by the collection of supplementary quantitative data. Findings revealed complex psychological factors that deter victim participation in prosecutions of traffickers such as child victims’ denial of exploitation, trauma bonding between victims and traffickers, and frequent flight and revictimization. Existing inadequacies within the criminal justice system were found that may contribute to child sex trafficking persisting as a low risk/high reward crime.     

The hunt for an elusive crime – an analysis of Swedish measures to combat sex trafficking

Sex trafficking has been described as an enormous, serious and growing problem that must be combatted, but also as a moral panic based on a very small number of cases. This article explores the measures that have been proposed to combat sex trafficking by politicians, the national police and the National Council for Crime Prevention in Sweden between 2007 and 2017. The analysis shows that sex trafficking is partly used by the actors to justify their own work. The measures that all three actors describe as central are crime victim support, co-operation, information, education and expanded legislation. The underlying problems associated with sex trafficking, according to the three actors, appear to be prostitution, drug use and foreign women crossing Swedish borders. Much of the responsibility for the provision of information and education is delegated from government agencies to a wide range of actors. This desire for comprehensive societal engagement stands in stark contrast to the small number of sex trafficking cases in Sweden. The measures to combat sex trafficking are thus largely characterized by the hunt for an elusive crime.     

The challenges of fighting sex trafficking in the legalized prostitution market of the Netherlands

In 2000, the Dutch authorities lifted the ban on brothels in the Netherlands. The essence of their approach was to regulate prostitution. People of legal age could now voluntarily sell and purchase sexual services. Brothels which complied with certain licensing conditions were legalized. This paper critically assesses the logic of a position that argues that human trafficking is reduced when actors in the legalized prostitution sector are made responsible for what happens on their premises (using licensing conditions). This idea is confronted with empirical evidence about the Netherlands in general and the city of Amsterdam in particular. Furthermore, the paper addresses two questions. What are consequences of the regularization of prostitution for the criminal investigation and prosecution of sex trafficking? How do criminal justice agencies collaborate with regulatory authorities in the regulated and non-regulated sectors of the prostitution market? The main conclusion is that the screening of brothel owners and the monitoring of the compliance of licensing conditions do not create levels of transparency that enable sex trafficking to be exposed. The prostitution business retains many characteristics of an illegitimate market and the legalization and regulation of the prostitution sector has not driven out organized crime. On the contrary, fighting sex trafficking using the criminal justice system may even be harder in the legalized prostitution sector.     

The prediction and control of organized crime: A risk assessment instrument for targeting law enforcement efforts

Linking isolated instances of organized crime in a systematic way can inform law enforcement in identifying high-risk activities and markets and prioritizing them according to objective factors known to be associated with organized crime. There are five ways in which risk assessment organized crime can be achieved. Improvements to data collection, utilizing a team approach to gather information, identifying common elements in organized crime incidents, understanding the parameters of a risk assessment instrument, and connecting organized crime risk assessment to the implementation of law and policy are practical ways in which organized crime activity can be better anticipated, investigated, and prevented. Connecting isolated incidents to organized crime through better information from offenders, victims, and police is possible with teams of investigators, researchers, and analysts. An organized crime risk assessment tool is presented that offers systematic analysis of opportunity factors, the criminal environment, and harm potential among the seventeen risk factors identified. Risk assessment can be used to evaluate the influence of organized crime in local jurisdictions, and the impact of new laws and policies that affect commerce and criminal opportunities.     

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.     

Examining the displacement practices of johns with on-line data

Situational crime prevention has proven successful in reducing crime rates, though critics argue these programs simply displace criminality into different venues. Research exploring the phenomenon of displacement found offenders change their behavior in response to law enforcement intervention, particularly in research on prostitution. Most research on displacement in the sex trade, however, focuses on the sex worker rather than their clients. This limits the amount of knowledge concerning the dynamics of prostitution, and the illegal sex trade as a whole. This study addressed this gap by examining the displacement practices of the customers of prostitutes, also called johns. Using a sample of posts from Web forums for johns in ten U.S. cities, this qualitative analysis found that johns engage in multiple forms of displacement in the real world. In addition, the Internet appears to act as a resource to identify sex workers, thereby enabling tactical displacement. Implications for law enforcement and situational crime prevention theory are also discussed.     

Human trafficking and police governance

Abstract

Human trafficking in its various forms continues to offer significant challenges for law enforcement agencies. There is a growing body of research that addresses some of the police governance and management issues associated with the prevention and control of human trafficking and the protection of victims of this type of crime. This article reviews the literature on the implementation of effective detection, investigation, prosecution, and victim protection strategies; the need for more effective international cooperation; and, the struggle to keep up with the illusive criminal organizations and networks that often defy law enforcement tactics. It also considers some of the specific challenges that result from the frequent conflation of human trafficking enforcement with immigration control strategies. It offers a few suggestions on how these issues may be addressed from a police governance standpoint and concludes with a call for better data on human trafficking and the relative effectiveness of different law enforcement strategies.     

Confidently Wrong: Police Endorsement of Psycho-Legal Misconceptions

Public beliefs about psychological issues relevant to the legal system have been demonstrated to often be misconceived, but the endorsement of such beliefs in law enforcement samples is largely unknown. This study was the first to compare psycho-legal beliefs between law enforcement officers and the general public in the UK. Participants were presented a 50-item questionnaire measuring five psycho-legal topics; police procedures, courts, tough on crime, mental illness, and memory and cognition. Despite direct involvement and relevant experience, law enforcement officers endorsed just as many empirically contradictory beliefs as those who were not law enforcement officers. Further, law enforcement officers were more confident in their responses. This research has implications for identifying areas of limited knowledge within police samples that can be targeted by police education.     

Where are all the victims?

Research Summary The passage of new laws that criminalize the trafficking of persons for labor and sexual services has raised public awareness about the problem of human trafficking. In response, police must understand the problem, identify human trafficking victims, and make arrests. The numbers of victims identified to date, however, has paled in comparison with official estimates, which leads some to question the existence of a human trafficking problem. Missing from this debate is information about how frequently police encounter human trafficking and how well prepared officers are to handle these cases. Analyzing survey responses from a national sample of police agencies in the United States, we found that less than 10% of police agencies identified human trafficking cases from 2000 to 2006. Larger agencies were more likely to identify cases of human trafficking but the agency leader perception about the problem in their local communities as well as taking steps to prepare officers to identify and respond were the most important factors to increasing human trafficking identification by police. Policy Implications This study provides much needed information about why U.S. officials have identified so few human trafficking victims. By understanding how often and under what conditions police find, investigate, and prosecute cases of human trafficking we will be in a better position to identify and overcome barriers to police responses to trafficking and understand the limitations of official statistics about human trafficking. Data from a national survey also provide a baseline measure of police identification of human trafficking against which we can gauge the progress of future anti-trafficking efforts.     

Securing the Border in Bosnia and Herzegovina: an Exploratory Analysis of the Impact of Training on Officers’ Knowledge and Experiences Related to Sex Trafficking

Across the globe law enforcement agencies are providing training specific to human trafficking in an effort to educate officers about trafficking indicators, techniques for evidence collection, and the provision of culturally sensitive and victim-centered assistance to trafficking victims. The effectiveness of said training, however, remains an understudied area. The primary goal of this study is to examine the influence training programs have on police officers’ knowledge and experiences related to sex trafficking. Utilizing self-report data from 363 border patrol agents in Bosnia and Herzegovina, a series of statistical analyses finds support for the hypotheses that trained officers will have a better understanding of sex trafficking indicators and field investigation techniques as well as more experience with sex trafficking cases. Somewhat unexpectedly, the results indicate that the vast majority of officers, regardless of training receipt, recognized a need for ongoing training and support. Implications of these findings will be discussed.     

When (Some) Prostitution is Legal: The Impact of Law Reform on Sex Work in Australia

In Australia, prostitution regulation has taken a very different path from many other countries. Law reform has led to the opening of some significant new spaces for legal sex work, including the (very different) regulatory regimes established in two Australian states – Queensland (brothels legal if their owners are licensed) and New South Wales (most commercial sex businesses and some street prostitution decriminalized; no licensing regime). The main research question is: how has regulation impacted on the positive rights of sex workers? I argue that law reform has engaged a mix of neo-liberal and other approaches – not to increase personal or corporate freedom but as part of a practical strategy designed to control a range of social problems, such as police corruption and organized crime. Neo-liberal regulation of prostitution in Australia has always been deployed in tandem with other modes of regulation – including new criminal law and policing strategies, planning law, health regulations, and (of course) moral regulation.     

The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime

An important yet poorly understood function of law enforcement organizations is the role they play in distilling and transmitting the meaning of legal rules to frontline law enforcement officers and their local communities. In this study, we examine how police and sheriff's agencies in California collectively make sense of state hate crime laws. To do so, we gathered formal policy documents called “hate crime general orders” from all 397 police and sheriff's departments in the state and conducted interviews with law enforcement officials to determine the aggregate patterns of local agencies' responses to higher law. We also construct a “genealogy of law” to locate the sources of the definitions of hate crime used in agency policies. Despite a common set of state criminal laws, we find significant variation in how hate crime is defined in these documents, which we attribute to the discretion local law enforcement agencies possess, the ambiguity of law, and the surplus of legal definitions of hate crime available in the larger environment to which law enforcement must respond. Some law enforcement agencies take their cue from other agencies, some follow statewide guidelines, and others are oriented toward gaining legitimacy from national professional bodies or groups within their own community. The social mechanisms that produce the observed clustering patterns in terms of approach to hate crime law are mimetic (copying another department), normative (driven by professional standards about training and community social movement pressure), and actuarial (affected by the demands of the crime data collection system). Together these findings paint a picture of policing organizations as mediators between law‐on‐the‐books and law‐in‐action that are embedded in interorganizational networks with other departments, state and federal agencies, professional bodies, national social movement organizations, and local community groups. The implications of an interorganizational field perspective on law enforcement and implementation are discussed in relation to existing sociolegal research on policing, regulation, and recent neo‐institutional scholarship on law.     

Human trafficking and criminal investigation strategies in the Amsterdam Red Light District

The subject of human trafficking has recently received a lot of attention from society and the world of politics. The criminal-law approach to human trafficking has also been placed high on the agenda of law enforcers. Human trafficking is, however, a complex crime with several specific characteristics. For example, there is often a complex relationship between victims and perpetrators of human trafficking and victims are often too afraid to file a report. How do the police and the judicial authorities work in the investigation of human trafficking in view of the specific characteristics of human trafficking? What choices are made in practice and what different police investigative strategies can be distinguished? What opportunities and risks are inherent in the choices made? In this article we answer these questions on the basis of four large scale police investigations into human trafficking that we studied closely. The four criminal cases all focused on violent groups of human traffickers that operated in the Amsterdam window prostitution. All criminal cases have since been concluded (in first instance). It turned out that in each of the four investigations the relevant police team applied a different investigative strategy: one investigation focused primarily on the victim statements, one investigation focused on public nuisance, one investigation focused on the evidence against the criminal organisation and one investigation focused on the offences (evidence concerning the exploitation of prostitutes). In this article we compare the four strategies applied and consider the consequences of each strategy for the course of the investigation and the criminal prosecution and what dilemma’s are faced in each strategy. Although the various investigations cannot be easily compared and a uniform ‘best’ strategy cannot be designated, the comparison does show that some choices or decisions entail great opportunities or great risks as regards the successful investigation and prosecution of human trafficking. It concerns, for example, the choice of involving local investigative services (district police) or the choice for short-term or, as the case may be, longer-running investigations.     

From tong war to organized crime: Revising the historical perception of violence in Chinatown

An analysis of New York City press accounts and official documents from 1894 to 1908 challenges many assumptions about Chinese organized crime in the United States. Contrary to conventional wisdom, this analysis provides strong evidence that Chinese organized crime is neither “emerging” nor “nontraditional” and that it predates, in structure and sophistication, organizations of other ethnic origins later recognized as “modern” organized crime by academics, the media, and the government. A qualitative, document-based case study of the first “tong war” between the Hip Sing Tong and the On Leong Tong (1899–1907) shows that both organizations were heavily involved in a multiethnic social system of organized crime that extended across the United States and to China itself. The turn-of-the-century tongs were involved with police and political corruption, labor racketeering, price fixing, prostitution, gambling, immigrant smuggling, slavery, drug trafficking, and violent crimes. They are still associated with these activities.     

The politics of police reporting in Indianapolis, 1948–1978

Crime statistics from the Indianapolis Police Department are interpreted inlight of news reports and interviews. A shift from proactive enforcement (vice, traffic, and juvenile arrests) to reactive enforcement (taking citizen crime reports) begins in the mid-1950s. If they do report offenses, police are blamed for failing to control crime. Eventually, if they fail to report offenses, they are chided for being unresponsive to citizens. Even homicide statistics get manipulated as police are caught in political cross-pressures. It is concluded that police would be better off if relieved of responsibility for defining the size and shape of the crime problem.