Analysis of Human Trafficking in US Criminal Justice Context

This report provides a comprehensive analysis of human trafficking within the US criminal and social justice systems. It begins with an introduction that defines the scope of the report, including an overview of the global rise in human trafficking, its impact on the US, and relevant legislation such as the Stop Enabling Sex Traffickers Act and the Patriot Act. The report then summarizes the issue, defining human trafficking as modern-day slavery and exploring its various causes, including poverty, unemployment, and corruption. It examines the operations of the criminal justice system in relation to human trafficking, including crime scene investigation techniques, evidence collection, and presentation. The report also analyzes the influence of criminal and social justice theories, the US Constitution, and Supreme Court decisions on human trafficking. Furthermore, the report proposes resolutions to address the issue, emphasizing the importance of incorporating the experiences and suggestions of survivors and stakeholders, increasing awareness, and ensuring justice for victims. The report also discusses the challenges faced by survivors, such as lack of support and fear of retaliation, and highlights the need for improved law enforcement practices. The report concludes by emphasizing the impact of issues like poverty, religion, and racism on human trafficking.

Running head: HUMAN TRAFFICKING
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Name of the student
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Introduction
The purpose of the report is to identify, summarize and analyze the issue of human
trafficking in the US criminal and social justice context. Thereafter, the assignment will propose
resolution to the issue of human trafficking based on the review of various academic texts. The
report will also examine the techniques of crime scene investigation, compilation, protection and
presentation of evidences, incarceration, release and correctional institution processes. Further,
the report will analyze the influence the various criminal and social justice theories relating to
the US Constitution and Supreme Court decisions have on human trafficking. In addition, the
report will explain the impact of criminal and social justice systems in promoting social equality
and the way it influences human trafficking issue as well. The influence of issues like poverty,
religion and racism on human trafficking will also be discussed.
Human trafficking is a global issue and it is becoming a huge concern for countries
around the globe. In a recent report from the United Nations Office on Drugs and Crime
(UNODC), there has been a global rise in human trafficking and the trafficking in persons in
2016 was 67%, a hike of 37% from 2015 (Unodc.org, 2019). In the Americas, the concern is
higher because the rate of trafficking has increased rapidly. The increase, as the report mentions,
could be due to two reasons – the detection of these crimes have either improved due to
improvement in technology or increased number of “victims have been trafficked” ("Highlights |
Global Slavery Index", 2019). In the US alone, the total number of trafficked individuals
including US nationals and immigrants was more than 57,000 in 2016 (Unodc.org, 2019). The
trafficked included women, children, teenagers and men as well. In April 2011, the Stop
Enabling Sex Traffickers Act became a law after US President Donald Trump signed the act. In

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addition to this, the Patriot Act has also contributed towards curbing the menace. The Act has
been used to seize those gangs that are involved in human trafficking.
From the perspective of criminal justice theories, human trafficking is a punishable
offence and the punishment could reach up to life imprisonment. In terms of social justice,
human trafficking is socially unacceptable as it takes away the social right of the individual to
live freely. These perspectives shall be discussed in details in the following sections. Apart from
that, the historic decision by the US Supreme Court on human trafficking and its immediate
effect will be discussed thoroughly. The resolutions that will be provided to tackle the issue will
be based on the analysis of all these factors. The thesis of the report is to argue that the national
laws and policies of social and criminal justice influence the issue of human trafficking.
Summary of human trafficking
In most descriptions and explanations across the academic world, human trafficking (HT)
has been defined as the “modern-day slavery” where human beings are illegally traded for
different purposes. The UNODC defines human trafficking as the “illegal trade of human beings
for the purposes of transfer, commercial sexual exploitation, forced labor” (Unodc.org, 2019). In
criminology study, human trafficking is not considered illegal or a crime unless any criminal law
prohibits it. Moreover, according to the criminal etiology, numerous causes lead to human
trafficking and therefore, solutions to ending those causes must be researched first. These causes
include unemployment, job lure, deceit, poverty, migration, corruption and inequity amongst
others. The US Homeland Security also describes human trafficking as a form of modern-day
slavery involving the “use of force, fraud, or coercion to obtain some type of labor or
commercial sex act” (Unodc.org, 2019). The UNODC on the other hand, explains trafficking in

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terms of trafficking in persons. According to UNODC, trafficking in persons is a serious offence
and a severe violation of human rights. An elaborate explanation of human trafficking has been
given in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Article 3,
paragraph (a). It defines trafficking in persons as “the recruitment, transfer, harboring or receipt
of persons, by means of the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power” (Ohchr.org, 2019).
Human trafficking falls second under the list of world’s largest criminal industries. The
phenomenon is global and very complex because of its largely hidden nature, which has caused
huge misunderstandings as well. Many associate human trafficking to sex trade only because
trafficking for sex trade has been the most significant. However, it is important for people to
understand that human trafficking is rooted deep within the society, within the supply chain
management in business, within the religion, poverty, race and ethnicity. The rise in human
trafficking has been because of the oblivion of the majority of population towards the various
aspects of human trafficking.
Trafficking especially in women and children has turned out to be one of the major
concerns in the world today. However, the measures or steps taken to end or even address this
issue have been minimal if anything. This could be evident from the statistics of human
trafficking cases occurring globally in the past few years. Studies have been conducted on human
trafficking particularly involving sex trade and it has been found that there is a gap between
human trafficking policies and empirical, reliable research in on human trafficking in the US.
McDonald (2014) conducted a study on human trafficking in the US to understand in a better
light the accounts of stakeholders and survivors in human trafficking regarding justice. The study
was also conducted to find the credibility of the alternative justice models such as procedural,

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transitional and restorative in enhancing the outcomes of human trafficking cases and
experiences of the survivors. It was done to establish while forming policies and laws regarding
human trafficking, the survivor’s and stakeholders’ perspective is crucial.
Proposal of resolution the human trafficking issue
As evident from the discussion above, human trafficking could be addressed if the
policymakers involve the experiences and suggestions of the survivors and the stakeholders. This
also encompasses the assurance of complete safety and security of the survivors. Second
resolution that could be suggested is that there should be increased awareness on human
trafficking amongst the local population who are mostly unaware about the issue. Another reason
to aware the local people about human trafficking is that the US has great responsibility in
addressing the issue because all the countries in the world especially those where the issue is
most prevalent look up to it. The stakeholders in human trafficking are the ones who are the
victims of trafficking or the relatives, friends or family members of those victims.
In tackling the issue of human trafficking, most policy makers have failed because they
did not give much importance to survivor accounts (Weitzer, 2014). It is argued that the failure
in understanding the survivor experiences have led to weak laws and policies of human
trafficking. This has in turn caused the survivors to cooperate in investigation and prosecution.
This loss of trust also poses immense challenge for the successful implementation of laws and
policies. The lack of support from the society and negative attitude further escalate the situation.
In addition to that, many survivors hesitate to cooperate with the prosecutor out of the fear that
the traffickers might avenge on them. This shows the lack of support in terms of security given to
the survivors of human trafficking. Other than that, it is also argued that the survivors feel

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reluctant to cooperate in the criminal proceedings against trafficking because of their previous
experience with law enforcement. The experiences include, amongst others, disrespect by the
investigators. Therefore, it is important that while including the survivors and stakeholders in the
decision-making process prior to introducing laws, their safety and security must be ensured.
In the United States, laws and policies have been introduced to address the issue but there
is some lack in the provision of justice to the survivors. As opposed to the number of people
trafficked every year, the number of survivors is very low and the number of traffickers arrested
and punished is even minimal. In a study on US labor trafficking, it was revealed, “less than half
of all suspected traffickers were arrested” (Husseman et al., 2018). The rate of justice given to
the survivors of human trafficking is low because there are numerous constraints that come in the
way. These include lack of awareness, prejudice against the survivors, and attitude towards them,
lack of institutional support, and lack of infrastructure to inspect and prosecute amongst others.
One concerning example in this regard is the survey result of the study conducted by Clawson et
al. (2008) where the authors found that about 68% of the population find human trafficking as a
problem in their fields. Further, around 70% of the local, county and state agencies of state law
enforcement distinguish human trafficking as a non-existent or rare occurrence in their local
areas. These figures are worrying because it has a direct impact on the survivors and stakeholders
of human trafficking. Hence, the awareness amongst local public about human trafficking is
amongst one of the resolutions.
Operations of the criminal justice system relating to human trafficking
In the discussion above, some points indicated to the way the criminal justice system
operates when it comes to investigating cases related to human trafficking. Those were mostly

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negative points raising doubts over the operations, functioning of the law enforcement, and
investigating team. In this section, the entire operations of the criminal justice system shall be
presented.
Prior to understanding the techniques involved in crime scene investigation, it is
important to understand what a crime scene is. A crime scene refers to “any physical scene,
anywhere that contains fragile records of the past activities” (Unodc.org., 2019). Investigating a
particular human trafficking crime scene is not as simple as one might think it to be.
Complexities show up especially when the trafficking takes place in the prostitution business
where an ambivalent relationship is formed between the victims and the offenders. However,
investigators have to carry out the required investigation of the crime scene irrespective of the
kind of scene that is in front of them. The first technique is to visit the crime scene and look for
clues. Secondly, they have to use the clues to identify the perpetrators or traffickers. Further, the
investigators have to identify the victims and then record statement of the stakeholders. These
are the later phases of the crime scene investigation. A scientific crime scene investigation
involves examination of various physical evidence or “traces” that the contact leaves behind. The
physical evidences found in a crime scene include biological materials such as blood, tissues,
semen, bone, teeth or muscle. In addition, body part marks or finger marks are also left behind in
the crime scene, which the investigators collect as evidences. Crime scene examinations involve
early collaboration between investigator and the forensic personnel. Apart from that, coordinated
approach at the crime scene, preserving the integrity of the crime scene, recording of the scene,
examination and acknowledgement of physical evidences, their recovery and preservation are all
techniques involved in crime scene investigation. The evidences also include the illegal
fabrication travel documents and identity. One of the crucial parts of crime scene investigation is

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the detection of such fabricated documents and sending these to the forensic laboratory.
Equipments of IT such as computers, laptops, emails or financial transactions also serve as
evidences gathered from the crime scene.
Recovery, preservation and then the presentation of evidences are the next important
steps to be taken after investigating the crime scene (Unodc.org, 2019).
 The evidences are collected by recording the position of the items are recovered and put
together in the form of diagrams, sketches or handwritten notes.
 Using suitable containers, boxes, and collection bags for sample that are chosen based on
the type of evidence
 Samples have to be in a condition to be represented
 Control sample must be procured including blank samples or substrates
 Proper sealing of each of the exhibits with tamper proof seal must be ensured. The seal
must be duly signed and tagged with letter or unique identity number
 To collect evidence in the initial stages, early evidence kits such as containers for
collecting urine and numerous swabs to gather traces of materials from the skin and
mouth could be used.
 While collecting evidences that include intimate samples such as samples from anus or
other genital parts, only qualified medical staff should be present
 Trained staff must collect physical evidence
 Proper and adequate facilities of storage must be provided to avoid the degradation or
loss of evidence before the forensic analysis

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In providing evidences for the trafficking that has taken place, prosecutors come across
several challenges. The prosecutors do not have to produce just trafficking evidences but also
evidences that would (Unodc.org, 2019):
 Dismiss damaging myths about juveniles caught up in prostitution
 Substantiate juvenile victim’s evidence and strengthen credibility and
 Ascertain the essentials of crimes put against the defendant
Apart from that, the prosecutors also have to work with various agencies within and
outside the legal ambit to gather evidences and present those in the court.
Criminal and social justice theories relating to the issue
The US criminal and social justice theories provided enough space to solving any
delinquency issue including the trafficking in persons. However, prior to taking any action, it is
important to determine whether any act undertaken in the society was criminal or not. The
determining of any act could be done using the consensus and the conflict model. While the
consensus model assumes the collaboration of criminal justice systems to achieve common goal,
the conflict model assumes individual opinions regarding achievement of goals. This creates rift
within the society and hence, criminal acts take place. As per the laws devised through the US
constitution, each citizen whether juvenile or adult, has the liberty to have the benefit of equal
rights including the fair hearing in criminal cases, right to have an attorney, right to stay innocent
until guilt is proved and so on. The US Constitution guarantees equal opportunity to each citizen
to undergo a due process under the fifth, sixth and fourteenth amendments. Other than that, there
are laws provided by the constitution that either were precedents of the later laws or
implemented by the House of Representatives that focus especially on juveniles. In terms of

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human trafficking, these laws relating to criminal and social justice theory are crucial in ensuring
fair trial of the traffickers and the protection of the victims. The special attention given to
juveniles in the US Constitution also provides impetus to the smooth functioning of the law
regarding human trafficking.
The scenario of human trafficking in the US has also changed owing to the landmark
decision of the honorable Supreme Court during the 1988 verdict on Kozminski. The decision in
the United States v Kozminski, 487 U.S. 931 changed the legal scenario of human trafficking
law in the country (Asher, 1994). It also laid the foundation of the all-important Trafficking
Victims Protections Act (TVPA) 2000. The case involved the dairy farm owners Ike and
Margarethe Kozminsk and their son John who were accused of trafficking two mentally
challenged men and force them to work under harsh circumstances in their farm. Robert Fuller
and Louis Molitoris were the two victims identified who had been forced to work under the
Kozminskis in the late 1960s until 1983 (Asher, 1994). After more than a decade, one local
herdsman observed the physical condition of the two men and informed the authorities. The case
went to the Federal District Court that found the three Kozminskis guilt and sentenced them.
They appealed against the decision to the Sixth Circuit Court of Appeals where the judgment
went in their favor because as per the Sixth Circuit, the Kozminskis were not guilty because
“involuntary servitude” does not include psychological coercion. The U.S. Government then
appealed to the Supreme Court challenging the involuntary servitude scope. Justice Sandra Day
O’Connor stated in her judgment, “we hold that absent further guidance from Congress, the term
involuntary servitude in which the victim is forced to work for the defendant either by use or
threat of physical treatment or physical injury or by the use of threat of coercion through law or
the legal process” (Asher, 1994). The decision was a landmark in U.S. history in terms of laws

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regarding human trafficking because it led to the formation of the TVPA 2000 where
psychological coercion was included in involuntary servitude that resulted in forced labor.
With the help of the above discussion, it could be understood that the laws and policies,
definitions and explanations regarding human trafficking are complex and hence would affect the
resolution proposed.
Criminal and social justice systems promoting social equality and fairness
Social justice refers to the concerns of the society regarding the fair and unfair, the right
and wrong of any issue. It applies concepts of fairness and correctness with the idea of equal
opportunity for all. Criminal justice system is a part of the social justice system that comes into
force when any of the social justice process is threatened. In simpler words, when any principle
of right and wrong is violated. The social and criminal justice system in the US is considered
broken because as Logan, Walker and Hunt (2009) comments, the justice system has
“undermined the national potential”. The authors argue that in a country where the number of
incarcerations is the highest in the world, the justice system could not be said to be working
properly. The US population is just five percent of the total world’s population but its prison
population 25 percent, which is one of the highest in the world.
In the contemporary world, the issues of racism, poverty and religion are the leading
reasons for the breach of criminal and social justice system. Although racism has been around for
years now but it continues to be one of the leading reasons of weakening of the justice system.
The racist mentality is the reason for numerous crimes that take place across the globe every day.
In the US, the issue of racism could be said to be the most visible because of the long history of
slavery and hate against the black community. In case of crimes related to drug for example,

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racial disparities are extremely visible. However, there has been some progress made in this
regard. Some developments in this aspect could be seen with the passing of the Fair Sentencing
Act (FSA) 2010 that signify a decade-old, bipartisan attempt to lessen the racial disparities
(Hyser, 2012). Other than the US, other nations especially in the African continent have seen
cases of racial prejudice that disrupted the social and criminal justice system. The Rwandan
genocide is probably the most glaring example of racial crime in the contemporary era. Other
examples include the atrocities carried out against the Rohingyas in Myanmar along with some
incidences of hate crimes against minorities across the world including US. These racially
prejudiced and neglected populations become vulnerable to human trafficking.
Religion is another important aspect that influences the social and criminal justice. In
fact, it is one of the most evident reasons for crime in the present era is religion. Terrorists
around the globe use religion as a tool to spread their hatred and violence around the globe. The
riots that have taken place in numerous countries especially in the Middle and South Asian
countries are testimony to the influence of religion on crimes. After religion, poverty is one of
the prime reasons for the increase in crimes across the globe. In fact, religion and poverty are
interconnected in some ways that give rise to criminals. The terror outfits use poverty as a
weapon to lure youngsters into taking up weapons. Due to some religious laws and rituals,
people especially girls are not sent to schools or be educated and this makes them vulnerable to
being lured by human traffickers.
Impact of centralization of The Patriot Act, the US Homeland Security Act
It is found in the U.S. that numerous law implementation administrations possess their
own laws that depends on the significance of the crime and the kind of criminals that are