What do I mean by moral challenges? So what, in my opinion, are the greatest moral quandaries currently facing the species? Thinking from the long view, and trying not to get bogged down in short-term issues e. We need a sustainable way to live on the planet.
Proportion of Successful Restitution Requests Labor Trafficking Cases Labor and Sex Trafficking Cases Combined The pie charts above demonstrate that failure to award restitution orders is more predominant in sex trafficking cases.
Restitution requests are also less likely to succeed in sex trafficking cases than in labor trafficking cases.
A careful examination of sentencing transcripts indicates that the low rate of restitution orders may stem from misconceptions and confusion over how restitution should be calculated in cases involving forced prostitution or the commercial sexual exploitation of children.
Not only do defense counsel routinely advance this argument, but courts may be unaware of case law to the contrary.
Transcripts of sentencing and restitution hearings show that both federal prosecutors and courts are not always clear about when, and on what grounds, restitution is owed to sex trafficking victims. In United States v.
Flanders, for example, the government submitted itemized costs incurred by victims ranging from gas bills for transportation to sexual assault recovery therapy sessions. Lewis case demonstrates, these restitution awards may take a forward-looking approach to costs, especially in the case of child victims.
Ding, for example, the defendants forced the victim to work as their live-in domestic servant for approximately one year. Estimates of earnings need not be mathematically precise.
Indeed, as illustrated in the United States v. Lewis case, courts will accept calculations based on daily quotas imposed by traffickers multiplied by the number of days the trafficker held the victim.
While many prosecutors successfully advocate for restitution, others are not clear on the law when called upon to defend restitution, particularly in sex trafficking cases.
In sex trafficking cases, the apparent disconnect between the illegality of the underlying activity and the legal requirement that victims receive compensation provides ample fodder for defense attorneys to object to restitution.
In sentencing proceedings, defense attorneys routinely argue that sex trafficking victims do not deserve restitution. One defense attorney unsuccessfully objected to restitution because: You are paying them to be prostitutes. The government is paying or ordered they be paid for their prostitution activities.
They want the Court to order restitution for their having committed illegal acts. Basically, they are asking this Court to reward them for prostitution. That is not the intent or the spirit of the statute. These women are taking advantage of the situation that they are in to use this circumstance to try to gain some sort of residency here even though they were here illegally and trying to make over a million dollars off of, you know, committing illegal activities.
Some federal courts have refused to accept that ill-gotten gains are, indeed, the correct measure of damages. For example, in United States v.
But in passing 18 U. Inexplicably, prosecutors handling trafficking cases continue to pass up opportunities to seek restitution for victims.
Although federal prosecutors have made significant strides to prosecute traffickers,  more attention must be given to protecting victims and making them whole.
It is time to heed the TVPA and make mandatory restitution mandatory. Sabhnani received a sentence of months; Mr. Sabhnani received a sentence of 40 months.
July 3,ECF No. A trafficking victim held in forced labor is entitled to recover at least minimum wage for the work performed. Live-in domestic workers are exempted from the time-and-a-half wage rate, although they must be paid for every hour worked. A superseding indictment issued in January Superseding Indictment, United States v.
Gloria Tafalla Edwards, No.
The cases analyzed include federal trafficking criminal indictments filed between January 1, to December 31, that were identified by the WilmerHale pro bono team.
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At a glance you'll see what's working and what you might want to change. Graph 4: Restitution Requests and Outcomes by Types of Plea. C. Jurisdiction as a Factor in Restitution Outcomes. Between and , 51 of the 93 U.S.
Attorneys’ Offices initiated indictments for Chapter 77 trafficking offenses. Foreign Life Insurance Taxation () - IRS Foreign Life Insurance Tax.
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