CRIM 1400 Lecture Notes - Lecture 1: Role Model, John F. Kennedy School Of Government
6 Jun 2018
School
Department
Course
Professor
Legal Expression, Framework
● Article 1: innate freedom and equality
● Article 4
● Palermo Protocol
● Article 3a
○ Human trafficking = moving and recruiting and harboring people, coercion
● National Criminal Code, other acts
● Difference in smuggling and trafficking
○ Legally:
■ Smuggling means that someone is willing to go from one country to
another and are given an opportunity to but means of transport
● Victim rights, protection and damage restitution
● State law: CA transparency act: mandatory compliance of companies being open
Dutch Law
● Dutch criminal Code2
● Article 273f
○ Large sentence (up to life)
○ Difference in Dutch law is that organ trafficking is included (not in US)
● Very wide range of criminal acts and actors
○ Direct perpetrators
○ Facilitators
○ Lawyers who help
● Criminal liability must:
○ Include act or knowledge of those who are participating
○ Certain means (more brutal, but could also be more psychological, or abuse of
authority)
○ Fraud, coercion, deception
○ “Lure someone in”
○ Intent to exploit
● Legal dilemma
○ Combatting human trafficking vs. freedom of speech
○ (more in US)
● Ranfsev case:
○ The state must step in and protect potential victims
● Initial consent of victim is required
Reality Expression
● Modern slavery, forced slavery, forced labor and sexual exploitation
● Children, seniors, juniors
● Means/acts
● Abuse of authority
● Psychological persuasion, influencing, deception, luring, emotional bonding
● Visible/invisible influences
○ How do you prove that someone was trafficked?
○ Stockholm syndrome
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Human trafficking = moving and recruiting and harboring people, coercion. Smuggling means that someone is willing to go from one country to another and are given an opportunity to but means of transport. State law: ca transparency act: mandatory compliance of companies being open. Difference in dutch law is that organ trafficking is included (not in us) Very wide range of criminal acts and actors. Include act or knowledge of those who are participating. Certain means (more brutal, but could also be more psychological, or abuse of authority) Combatting human trafficking vs. freedom of speech (more in us) The state must step in and protect potential victims. Modern slavery, forced slavery, forced labor and sexual exploitation. Psychological persuasion, influencing, deception, luring, emotional bonding. Organizers and facilitators (have means for trafficking) Root cause is home countries (economic and social problems, family loyalties) Smuggling leading to trafficking, drug mules (lines are blurred) Recruitment and contacting via internet, latch key kids.
