Developing an Effective Criminal Justice Response to Human Trafficking

Abstract

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas across national borders. The authors draw on emerging international rules as well as their experience of working with States and intergovernmental organizations on this issue to propose eight elements of an effective national criminal justice response to human trafficking. Each is described in detail, justified with reference to relevant international standards, and illustrated with examples from current professional practice.

Legal Assessments of Child Victims of Human Trafficking for Sexual Purposes

“…Nation‐states use conviction rates of human trafficking cases as a key measurement in their efforts to fight this crime. Consequently, high conviction rates are taken to indicate that states are successful in their efforts, and low conviction rates are taken as a sign that the state is not committed to the task of preventing and punishing human trafficking (Constantinou, ; Gallagher & Holmes, ; Segrave et al, ).…”

Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports

“…External and internal pressures on criminal justice agencies to visibly respond to trafficking present an additional risk factor that has a particular resonance in this context. Such pressures can have especially unfortunate consequences in states with underdeveloped criminal justice systems, where rules of evidence and procedure already fall short of international standards (Gallagher and Holmes 2008). Unfair trials, distorted targeting of offenders (e.g., of low-level "enablers," such as recruiters or transporters, rather than those directly involved in exploitation), and disproportionate penalties are a reality of the criminal justice response to trafficking in many parts of the world.…”

Building the infrastructure of anti‐trafficking: Information, funding, responses1

“…The research of Farrell et al (2010) is an excellent example of how research can validate experience. Experienced law-enforcement practitioners long have claimed that if we properly train and resource law-enforcement personnel to identify and investigate trafficking in persons cases, then the number of detections will increase significantly (e.g., Gallagher and Holmes, 2008, drawing on 10 years of experience with this issue). Prior to the research of Farrell et al, these claims were perhaps too easily dismissed as individual opinion.…”