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2012 Trafficking In Persons Final Report.pdf - NCJTC Home

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article gives strategies for law enforcement agents to investigate human sex trafficking.<br />

TVPA & Prosecution<br />

Chacon, Jennifer M., ―Misery and Myopia: Understanding the Failure of U.S. Efforts to Stop<br />

Human <strong>Trafficking</strong>,‖ 74 Fordham L. Rev. 2977, 3026 (2006)<br />

This article by legal scholar and professor Jennifer Chacon examines the failure of the<br />

<strong>Trafficking</strong> Victims Protection Act (TVPA) to stem the tide of human trafficking that<br />

results from irregular migration patterns worldwide. She concurs with the general<br />

scholarly consensus on the point that the TVPA has focused too greatly on law<br />

enforcement, to the detriment of victim assistance and protection. Chacon goes a step<br />

further than others, who suggest greater emphasis on victim identification and assistance,<br />

in her recommendation on improving the effectiveness of the TVPA. She argues that the<br />

existing market in the United States fuels trafficking and that targeted policy intervention<br />

must address this demand. She goes on to cite US labor and immigration law<br />

enforcement as further driving trafficking by driving populations of workers into<br />

businesses and industries that operate below the radar, increasing the potential for abuse<br />

and exploitation.<br />

Clawson, Heather J., Nicole Dutch, Susan Lopez, and Suzanna Tiapula, ―Prosecuting Human<br />

<strong>Trafficking</strong> Cases: Lessons Learned and Promising Practices,‖ <strong>In</strong>ner City Fund <strong>In</strong>ternational<br />

(2008).<br />

This study examines human trafficking in the U.S. from a prosecution perspective,<br />

looking at federal and state legislation to understand potential obstacles to conducting<br />

successful litigation. It contains federal case reviews, interviews with federal prosecutors,<br />

interviews with state and local prosecutors, and a statistical analysis of this research.<br />

Samples of the questions and data gathering methods are included in the report.<br />

DeStefano, Anthony. The War on Human <strong>Trafficking</strong>: U.S. Policy Assessed.<br />

New York state certified lawyer Anthony DeStefano traces the recent history of U.S.<br />

policy toward the crime of human trafficking. From its early recognition as a global issue<br />

in the 1990s to its treatment under U.S. law, human trafficking is both explained and<br />

analyzed as DeStefano assesses U.S. responses to the problem. DeStefano thoroughly<br />

summarizes the early stages of debate in the U.S., including architects of domestic<br />

standard definitions and the role of the U.S. in shaping the United Nations‘ Protocol to<br />

Suppress, Punish, and Prevent <strong>Trafficking</strong> in <strong>Persons</strong>. He considers the U.S. <strong>Trafficking</strong><br />

Victims Protection Act effective to the extent that it provides a way out and some<br />

protections for some victims of trafficking. At the same time, domestic and international<br />

debates over the role of prostitution in human trafficking have, he feels, stymied a great<br />

deal of progress in the prevention and prosecution prongs of the TVPA and Palermo<br />

Protocol. Ultimately, DeStefano argues that a more productive use of energy would be to<br />

focus on ―labor policies and economic realities that make systemic changes and increase<br />

work options while protecting those in disfavored occupations such as sex work.‖<br />

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