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Migrant Smuggling Patterns and Challenges for Law Enforcement

By Yvon Dandurand

The migrant smuggling networks’ decentralized structure, adaptability, and corrupt contacts render them resilient to disruption by law enforcement agencies. The fact that in recent years very few investigations have actually led to the neutralization or dismantlement of any of the very active transnational migrant smuggling networks operating in our country certainly suggests the need to reconsider present law enforcement methods and strategies and to improve international law enforcement cooperation in these matters. Given the wide variations that exist in the nature, scope and complexity of smuggling operations, it is imperative for law enforcement to be both flexible and strategic and to base its interventions on a good understanding of the criminal networks and illicit markets involved

Vancouver, BC: International Centre for Criminal Law Reform, 2020. 32p.

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Human Trafficking at Home: Labor Trafficking in the United States. Labor Trafficking of Domestic Workers

By Lillian Agbeyegbe, Sara Crowe, et al.

In a given year, an estimated two million plus domestic workers are employed in the United States, caring for children, seniors and other loved ones, cleaning homes and in general, making it possible for many busy people and families to juggle the competing needs of their lives. In most cases, these arrangements benefit both the workers and their employers. But isolated working conditions, limited legal protections and vulnerabilities including poverty and immigration status mean that some domestic workers become victims of labor exploitation and labor trafficking.

A joint report by Polaris and the National Domestic Workers Alliance examined records from the Polaris-operated U.S. National Human Trafficking Hotline to determine the scope of the problem. The data showed that of the approximately 8,000 labor trafficking cases identified between December 2007 and December 2017, the highest number of cases involved domestic work. That number likely represents only a small fraction of the problem, as human trafficking in all its forms is severely underreported.

Washington, DC: Polaris Project, 2019. 51p.

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Labor Trafficking on Specific Temporary Work Visas: A Data Analysis: 2018-2020

By The Polaris Project

Temporary work visas are intended to provide decent jobs to migrant workers while helping U.S. businesses meet their labor needs by filling mostly low-wage jobs that would otherwise sit vacant. Policymakers often refer to the migrants who come to this country as “guest workers.” But data from the National Human Trafficking Hotline shows that these guests — workers who have followed all the rules and laws and are expecting simply to earn a decent living and return home — are frequently exploited and even victimized by forced labor and other forms of trafficking. Indeed, exploitation, trafficking and abuse have become endemic to many of the visa categories. Overall, more than half1 of the victims of labor trafficking reported to the Trafficking Hotline during this period whose immigration status was identified were foreign nationals holding legal visas of some kind, including temporary work visas. That is no way to treat a guest — let alone hundreds of thousands of them. The Trafficking Hotline exists first and foremost to assist victims of human trafficking. This means people seeking help are only asked to provide information that will allow the Trafficking Hotline team to offer the best possible options for support. Data collection is secondary. As a result, information about a potential victim’s visa status is not always available. For the purposes of this report, Polaris analyzed data from the four major temporary visa programs heard about most frequently on the Trafficking Hotline. Several government agencies are involved in the issuance of these temporary work visas, including the U.S. Departments of Labor, State and Homeland Security. The complexity and opacity of the various programs makes it difficult to determine exactly how many guest workers are in the United States on any given day.2 The Economic Policy Institute has estimated that in Fiscal Year 2019, more than two million temporary workers were employed, or 1.2 percent of the U.S. labor force.

Washington, DC: Polaris Project, 2022. 51p.

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Abused and Neglected: A Gender Perspective on Aggravated Migrant Smuggling Offences and Response

By The United Nations Office on Drugs and Crime (UNODC), headed by Ilias Chatzis

This publication elaborates on the specific gender-based risk factors that can lead to violence during smuggling operations, analysing the impact of gender on the forms of violence inflicted upon smuggled migrants and refugees before, during and after travelling. In addition, it sets out the State responses to aggravated smuggling offences and provides recommendations to combat the impunity of those implicated in these crimes. Applying a gender perspective, the study reviews two major transit zones in Western/Northern Africa and Central America.

Vienna: UNODC, 2021. 102p.

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Combating Trafficking in Human Beings and Labour Exploitation in Supply Chains - Guidance for OSCE Procurement

By OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and OSCE Department of Management and Finance

This procurement guidance is a key step in rolling out the implementation of anti-trafficking measures in OSCE’s own procurement across its executive structures and aligning the OSCE’s mandates with its own processes. The guidance’s aim is to support procurement and anti-trafficking staff in the OSCE with the background knowledge to implement anti-trafficking measures in procurement activities; alongside training workshops, procurement risk analyses and local action plans. Preventing trafficking and labour exploitation in supply chains is no easy task. By taking these first steps, the OSCE is developing further expertise, and is supporting OSCE participating States and the international community in their ongoing efforts to prevent trafficking for forced labour in their supply chains

Vienna: Organization for Security and Co-operation in Europe, 2021. 68p.

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Human Trafficking Trends in the Western Hemisphere

By Mary C. Ellison and Kathleen M. Vogel

We see evidence of domestic and foreign sex and labor trafficking victims in Western Hemisphere countries. Some key trafficking trends across the region include: an increase in Venezuelan victims and concerns with other vulnerable migrants, internally displaced persons, indigenous peoples, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) populations. There are also special challenges of child domestic servitude in Haiti (restavek) 1 and Paraguay (criadazgo),2 and increased risk of trafficking in border areas (e.g., Central American countries; the southern and northern borders of Mexico; the Dominican Republic/Haiti border; the tri-border area between Argentina, Brazil, and Paraguay; the Darién Gap between the Panamanian and Colombian borders; and migrants along Peru’s southern border) due to lack of regulatory and security gaps and insufficient transnational cooperation. Illegal armed groups are involved in the trafficking of children in the Andean Republics. Over the past five years, more cases of forced labor and forced criminality, as well as child sex trafficking in resort and tourist areas by U.S. and European perpetrators have been reported in the Western Hemisphere. Traffickers are using social media recruitment and multiple-destinations across the region to move victims; there remain continuing problems with complicity of government officials.

Washington, DC: William J. Perry Center for Hemispheric Defense Studies, 2020. 30p.

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Deaths of Racialised People in Prison 2015 – 2022: Challenging racism and discrimination

By Jessica Pandian

Despite decades of activism from bereaved people and their supporters, too often the deaths of racialised people in prison have been dismissed, and the role of racism has been overlooked and ignored.

INQUEST’s new report, Deaths of racialised people in prison 2015 – 2022: Challenging racism and discrimination, makes a powerful intervention as it uncovers new data and tells the stories of 22 racialised people and how they died preventable and premature deaths in prison.

The report specifically looks at the deaths of Black and mixed-race people; Asian and mixed-race people; Middle Eastern and mixed-race people; people of Eastern European nationality; White Irish people and White Gypsy or Irish Traveller people.

Through a literature review, an analysis of never before published data on ethnicity and deaths in prison, and an examination of the relevant inquests and investigations, the report evidences the role of  institutional racism in the prison estate.

Key issues include the inappropriate use of segregation, racial stereotyping, the hostile environment, the neglect of physical and mental health, the failure to respond to warning signs, and the bullying and victimisation of racialised people.

London: INQUEST, 2022. 80p.

Signals of Distress: High Utilization of Criminal Legal and Urgent and Emergent Health Services in San Francisco

By Caroline Cawley, Jamila Henderson, Hemal Kanzaria, Johanna Lacoe, Stephen Paolillo, Kenneth Perez, Maria Raven and Alissa Skog

People with multiple, complex health and housing needs frequently receive fragmented care because the providing systems operate independently. Typically, individuals who come into frequent contact with the emergency medical system (e.g., emergency departments; emergency medical services) also interact with other health services and public systems such as psychiatric facilities, substance use treatment centers, shelters, and jails. Cross-sector care coordination is limited, in part, because data systems are not linked across physical health, behavioral health (mental health and substance use), housing, and criminal legal systems. To help San Francisco better serve this high need population, the California Policy Lab at UC Berkeley and the UCSF Benioff Homelessness and Housing Initiative worked with our partners in San Francisco’s public health and criminal legal systems to link together ten years of data from the physical health, behavioral health, housing, and criminal legal sectors. Using these linked data, we identify individuals with high utilization of the criminal legal system and the medical and behavioral health systems in a single year. High criminal legal utilization is defined as at least three jail bookings in a year, while high healthcare utilization is seven or more urgent/emergent healthcare contacts in a year. To understand trends before and after a year of high utilization, we analyze 5 two cohorts. The 2011 cohort includes 211 people with high utilization of both systems in fiscal year 2011, while the 2020 cohort includes 161 individuals with high utilization of both systems in fiscal year 2020. This allows us to observe patterns of system use before and after years of high utilization. We find: • Almost all the individuals in both cohorts experienced homelessness (98–99%) • High utilization is linked to premature death: more than one quarter of the 2011 cohort is deceased within 10 years • Between 80–90% of individuals in both cohorts have substance use disorders, and many also have co-occurring mental health and physical health disorders • More than 90% of the individuals in both cohorts have been booked into jail for a felony and a misdemeanor • Many of the individuals in the 2020 cohort were in San Francisco and had contact with at least one of these systems in the prior 10 years. For example, 30% of the 2020 cohort was booked into jail in 2011. These findings highlight the need for coordinated, evidence-based interventions to address these individuals’ complex needs, stabilize housing, and prevent poor health outcomes including untimely death.

Los Angeles: California Policy Lab, 2022. 34p.

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Mitigating Contraband Via the Mail

By J. Russo ; M. Planty; J. Shaffer; M.N. Parsons; J.D. Roper-Miller

Detecting drug contraband smuggled into correctional facilities through the mail is challenging, because drugs can be sprayed onto paper, incorporated into ink, hidden under stamps, and concealed within a piece of correspondence. The methods used to hide the drugs, coupled with the high volume of mail received daily by inmates, increase the difficulty in detecting all drugs by using physical screening. In attempting to address this threat, some correctional facilities are using strategies that replace physical mail with electronic communication or reproductions of originals. Under this technique, all inmate mail is diverted to an offsite mail-processing vendor, who converts the mail to a digital form and transmits the documents to correctional facilities for distribution to inmates via tablets or kiosks. Adopting such a system is most effective when it is part of a “bundled” approach with other inmate services, such as telephone, messaging, video visitation, and electronic books, which are delivered through kiosks or tablets. In most cases, the digitized mail services can be provided at no cost to the agency as part of a comprehensive inmate services platform. 

Washington, DC: U.S. National Institute of Justice, 2021. 7p.

Does It Pay to Fight Crime? Evidence from the Pacification of Slums in Rio de Janeiro

By Christophe Bellego and Joeffrey Drouard

Using Rio de Janeiro’s slum pacification program initiated in 2008, we study the effect of policies aimed at fighting drug gangs on crime. By combining a proxy variable with a simple structural model, we correct the bias resulting from the increase in unobserved crime reporting. We find that the program decreased the murder and the robbery rates by 7% and 34% respectively. However, the assault and the threat rates increased by 51% and 60% respectively. Absolute and marginal crime deterrence effects and a gang governance effect, namely that gangs can provide security to their turf, explain our results

Unpublished paper, 2019. 84p.

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Detecting and Managing Drug Contraband

By M.N. Parsons, M. Camello, T. Craig, M. Dix, M. Planty, J.D. Roper-Miller

This technology brief is part of a series of documents that focuses on contraband in corrections. The first brief provides an overview of contraband, including types and associated technologies and products used to detect contraband on people, in vehicles, and in the environment. This brief focuses specifically on strategies to detect and manage drug contraband. The goal of this series is to offer foundational insights from use cases, highlight challenges of contraband detection, compare illustrative products, and discuss the future of contraband detection and management.

Washington, DC: U.S. National Institute of Justice, 2021. 14p.

Cages Without Bars: Pretrial Electronic Monitoring Across the United States

By Patrice James, James Kilgore, Gabriela Kirk, Grace Mueller, Emmett Sanders, Sarah Staudt, & LaTanya Jackson Wilson

Across the United States each year, hundreds of thousands of people accused but not yet convicted of crimes are required by the courts to participate in electronic monitoring programs. These people are fitted with a locked, tightened ankle shackle, which often tracks every move they make. 3 Pretrial electronic monitoring programs represent a fast-growing type of incarceration that imposes significant harm and burdens on people who are subject to it. We interviewed people subject to monitoring, program administrators, judges, prosecutors, and defense attorneys across select jurisdictions to better understand how pretrial electronic monitoring is used. Pretrial electronic monitoring programs lack transparency and accountability, are punitive in nature, and are unsupported by any research establishing a pattern of successful outcomes.

Chicago: Shriver Center on Poverty Law, 2022. 49p.

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Older People on Probation

By Nichola Cadet  

There is a limited evidence base on the needs and experiences of older people who are on probation. Despite increased recognition of the impact of age on the prison population, this has not yet translated into probation policy and practice. Research is also complicated by a lack of agreement regarding what is meant by ‘older’ in the criminal justice context, with the majority of research conflating ‘offender’ and ‘prisoner’. A systematic review (Merkt et al., 2020) identified that ages 45-65 have been used in research studies for ‘older offenders’, but advocated age 50 as an appropriate age cut off. This is because of ‘accelerated ageing’ experienced by virtue of the prison environment and the lived experiences of many people prior to coming into custody. Cumulative disadvantage across the life course means that, for people in prison, their age can be viewed as ten years older than their chronological age. HM Prison & Probation Service (HMPPS) and HM Inspectorate of Prisons now cite 50 as the age at which people should be defined as older. Despite policy think tanks, campaigning organisations, researchers and the Justice Committee repeatedly calling for a strategy for older offenders, this was only accepted by HM Government in 2020. While the strategy has been prepared by the Ministry of Justice, the emphasis remains on those in custody rather than people across prison and probation, and has yet to be published. This is a missed opportunity. Of course, older people in prison, if released, will be subject to licence supervision, so there are some direct parallels between the prison experiences of older people and those on probation. Age is a protected characteristic under the Equality Act 2010, however the issue has faced less attention than other diversity characteristics, such as gender, race and ethnicity, and the intersections across diverse populations. Probation services do have a long history of considering the needs of younger people in the probation system, particularly in terms of their transition from youth to adult services. Therefore, the service is well placed to ensure that measures can be put in place to meet the needs of older people on probation too, and the transitions they may face as they age. We are living in an ageing society, which means that probation services increasingly need to not only consider the needs of people on probation, but the needs of the professional workforce. This paper provides an overview of what the research literature tells us about the needs and experiences of older people in the criminal justice system. Statistics around age/ageing and the numbers of older people on probation are considered, highlighting links with reducing reoffending pathways and how they may be experienced differently by older people. Practical suggestions are made to support practitioners, policymakers and commissioners to develop services to ensure that they are age-inclusive against a backdrop of an ageing workforce and an ageist society.  

Manchester, UK: HM Inspectorate of Probation, 2022. 17p. 

Justice by Geography: The Role of Monetary Sanctions Across Communities

By Gabriela Kirk, et al.

Although state statutes often dictate the amount of fines and fees imposed, local courts have significant discretion in how they carry out the laws and there is variation between courts based on localized cultures and interpersonal dynamics in the courts. This article explores how monetary sanctions are imposed and their relationship with the courts’ acquaintance density– familiarity between court actors and residents– across urban, suburban, and rural communities. Using data from ethnographic observations and qualitative interviews from courtrooms across four states, the authors concluded that rural areas have greater acquaintance density, which promotes greater flexibility and individualization for defendants, while workgroups in urban courts lead to routinization when assessing monetary sanctions. Courtroom actors’ familiarity with defendants did not lead to less monetary sanctions imposed, but court actors’ familiarity with each other did allow for better client outcomes.

RSF: The Russell Sage Foundation Journal of the Social Sciences Vol. 8, Issue 8 1 Dec 2022

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Unjust Revenue from an Imbalanced Criminal Legal System: How Georgia’s Fines and Fees Worsen Racial Inequity

By Ray Khalfani

Key Takeaways: • Georgia’s poor governance of fines and fees revenue practices has allowed many economically underperforming localities to over-rely on fines and fees revenue, significantly contributing to Georgia having the highest probation rate in the country. Of the more than 430,000 Georgians who were on probation in 2018, nearly 40 2 percent of them were on probation for misdemeanors or traffic fines. • While the national average among localities’ fines and fees revenue as a share of general revenue was 2 percent, Georgia consistently ranked second-worst among states with localities with fines and fees shares above 10 percent, and second-worst among per capita amounts of fines paid among adult residents in 2018. • Abusive fines and fees practices and lack of protections for Georgians in deep poverty, have disproportionately harmed Black and Hispanic Georgians long before the pandemic and worsened in many localities during a pandemic that has been most unforgiving to low-income communities. Among the 27 Georgia counties that increased their fines and fees share of general revenue from 2019 to 2020, 12 of them had population shares that were higher than 36 percent Black, significantly higher than the overall state, where 33 percent of Georgians are Black.

Atlanta: Georgia Budget and Policy Institute, 2021. 16p.

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Monetary Sanctions and the Criminal Legal System: Punishment and Revenue

Edited by James T. Spartz with additional support from Judith Siers-Poisson

Monetary sanctions, also known as legal financial obligations, are state-imposed fines and fees associated with court involvement. These are the financial aspects of the criminal justice system serving variously as punishment for defendants and revenue generation for court jurisdictions. In terms of both frequency and breadth, the rise of courtbased fines and fees is largely invisible to most people but has far-reaching—and long-lasting—effects for court-involved individuals and their kin. The authors contributing to this issue of Focus on Poverty draw on a growing body of scholarship to explore and explain some of the many nuances of monetary sanctions and their effects. We start with Joshua Page and Joe Soss presenting their view on criminal legal systems as mechanisms for racialized resource extraction. Standard practices in court systems throughout the United States act to routinely extract resources from lowincome and communities of color in order to generate revenue for local governments and affiliated private interests. The next two articles both draw from a comprehensive examination of monetary sanctions featured in an edition of The Russell Sage Foundation Journal of the Social Sciences, published in January 2022. The research of Alexes Harris—e.g., A Pound of Flesh: Monetary Sanctions as Punishment for the Poor (Russell Sage Foundation, 2016)—has been a catalyst for much of this work. Both Kirk et al. and Boches et al. draw on data procured through the Harris-led Multi-State Study of Monetary Sanctions project (see www.monetarysanctions.org). Gabriela Kirk, Kristina Thompson, Beth Huebner, Christopher Uggen, and Sarah Shannon explore the construct of acquaintanceship density in rural court systems. They use ethnographic data drawn from interviews of court personnel and courtroom observations in Georgia, Illinois, Minnesota, and Missouri. Similarly, Daniel Boches and co-authors Brittany Martin, Andrea Giuffre, Amairini Sanches, Aubrianne Sutherland, and Sarah Shannon examine the extensive impacts—called symbiotic harms—of legal fines and fees on friends and family of system-involved individuals. Rebecca Goldstein, Helen Ho, and Bruce Western continue the collaborative work started with their late colleague Devah Pager by looking at how court fees criminalize low-income defendants when they are unable to pay. The study profiled here is particularly strong in its assertions about causal relationship.

Focus on Poverty, v, 38, no. 2, 2022. 26p.

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Dying with Dignity: A Legal Approach to Assisted Death

By Giza Lopes

From the series foreword by Graeme R. Newman: “ Lopes convincingly argues that not only have the clergy as the shepherds of Death been replaced by modern medicine’s doctors and technologies, but that the rule of law has intervened to codify the ways and rights of helping people to die. She catalogues, with fascinating case studies and detailed historical observation, the quite different ways that the United States and European countries have tackled this problem of all problems. This is an erudite book that leaves no detail untouched; relentlessly unravels the moral, judicial, and political events that arguably precede—seen and unseen—not only every assisted death but arguably every single death on earth; and shows how these events have relentlessly set the stage for the coming movement to quicken the time it takes to die.”

Santa Barbara. Praeger. 2015. 256p.

Human Trafficking, Human Misery: The Global Trade in Human Beings

By Alexis A. Aronowitz

From the cover: Virtually every country' in the world is affected by the scourge of human trafficking, either as a source, transit, or destination country, or a combination thereof. While countries have long focused on international trafficking, internal movement and exploitation within countries may be even more prevalent than trans- border trafficking. Patterns of trafficking vary across countries and regions and are in a constant state of flux. Countries have long focused on trafficking solely for the purpose of sexual exploitation, yet exploitation in agriculture, construction, fishing, manufacturing, and the domestic and food service industries is prevalent in many countries. Here, Aronowitz takes a global perspective in examining the nefarious underworld of human trafficking, revealing the nature and extent of the harm caused by this hideous criminal practice. Taking a victims-oriented approach, this book focuses on the different groups of victims, as well as the various forms of and markets for trafficking, many of which have been overlooked due to an emphasis on sex trafficking. The author also examines the criminals and criminal organizations that traffic and exploit their victims and explores less-ffequendy-discussed forms of trafficking— in organs, child soldiers, mail-order brides, and adoption, as well as the use of the Internet in trafficking. Drawing on her own field and research experiences in various parts of the world, the author offers real-life context throughout the book through descriptions of a number of cases with which she was involved or learned about in her travels.

Santa Barbara. PRAEGER. An Imprint of ABC-CLIO. 2009. 290p.

Trafficking in Persons Report. June 2008

Forward by Condoleezza Rice

The Department of State is required by law to submit a Report each year to the U.S. Congress on foreign governments’ efforts to eliminate severe forms of trafficking in persons. This Report is the eighth annual TIP Report. It is intended to raise global awareness, to highlight efforts of the international community, and to encourage foreign governments to take effective actions to counter all forms of trafficking in persons. The U.S. law that guides anti-human trafficking efforts, the Trafficking Victims Protection Act of 2000, as amended (TVPA), states that the purpose of combating human trafficking is to punish traffickers, to protect victims, and to prevent trafficking from occurring. Freeing those trapped in slave-like conditions is the ultimate goal of this Report—and of the U.S. government’s anti- human trafficking policy. Human trafficking is a multi-dimensional threat. It deprives people of their human rights and freedoms, it increases global health risks, and it fuels the growth of organized crime.

U.S. Department Of State Publication 11407 Office Of The Under Secretary For Democracy And Global Affairs And Bureau Of Public Affairs. Revised June 2008. 295p.