No Victim? Don't Give Up: Creative Strategies in Prosecuting Human Trafficking Cases Using Forfeiture by Wrongdoing and Other Evidence-Based Techniques

• NCJ Number: 245759
• Author(s): Jennifer Gentile Long, J.D.; Teresa Garvey, J.D.
• Date Published: November 2012
• Length: 7 pages
• Grant Number(s): 2009-TA-AX-K024
• Sponsoring Agency: US Dept of Justice, Office on Violence Against Women
• Corporate Author: AEquitas
• Sale Source: AEquitas
• Publication Format: Document (Online)
• Publication Type: Technical Assistance; Newsletter; Instructional Material
• Language: English
• Country: United States of America
• Note: Strategies, Issue #7, November 2012

Annotation

This paper discusses several key investigative and prosecution strategies against traffickers of humans when victims do not cooperate with investigators and prosecutors, which often occurs in such cases.

Abstract

First, a coordinated, multidisciplinary response will facilitate addressing the negative consequences faced by trafficking victims. Multidisciplinary teams should include prosecutors and allied professionals with expertise in child abuse, sexual violence, and intimate partner violence, as well as those with expertise in relevant criminal investigations, such as organized crime, narcotics, and gangs. Second, recognize, document, and respond to witness tampering and intimidation. Victims should be trained in recognizing, documenting, and countering intimidation tactics; and there should be additional surveillance and monitoring of traffickers and their communications. Third, conduct thorough and thoughtful investigations. Typical tactics in such investigations are discussed. Fourth, litigate forfeiture by wrongdoing motions. The sixth amendment provides defendants with the right to confront witnesses against them; however, when the defendant intimidates a victim or witness or otherwise prevents his/her participation in a trial, the defendant may be found to have forfeited his right to confront that witness at trial. In these instances, prosecutors may introduce the absent witness' prior out-of-court statements under the doctrine of forfeiture by wrongdoing. Fifth, introduce circumstantial evidence of defendant's wrongdoing in the case-in-chief. The prosecutor may decide to introduce the evidence of the defendant's wrongdoing at trial, so as to explain the victim's or witness' absence from trial. Sixth, introduce expert testimony to explain victim behavior. Expert testimony can be critical in helping prosecutors explain the dynamics of victim behavior to the jury. This will assist the jurors in understanding the common control tactics of pimps and traffickers. 25 notes