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Prosecuting Trafficking in Persons Cases: an Analysis of Local Strategies and Approaches, Final Report Author(S): Kristina Lugo-Graulich, Mark Myrent, Lisa M

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Prosecuting Trafficking in Persons Cases: an Analysis of Local Strategies and Approaches, Final Report Author(S): Kristina Lugo-Graulich, Mark Myrent, Lisa M The author(s) shown below used Federal funding provided by the U.S. Department of Justice to prepare the following resource: Document Title: Prosecuting Trafficking in Persons Cases: An Analysis of Local Strategies and Approaches, Final Report Author(s): Kristina Lugo-Graulich, Mark Myrent, Lisa M. Pierotte, Bradley T. Brick Document Number: 301296 Date Received: July 2021 Award Number: 2016-U-CX-0005 This resource has not been published by the U.S. Department of Justice. This resource is being made publically available through the Office of Justice Programs’ National Criminal Justice Reference Service. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Prosecuting Trafficking in Persons Cases: An Analysis of Local Strategies and Approaches Final Report Prepared for The National Institute of Justice Office of Justice Programs 810 Seventh Street NW Washington, DC 20531 by the Justice Research and Statistics Association 1000 Vermont Avenue NW, Suite 450, Washington, DC 20005 in partnership with the National District Attorney’s Association 1400 Crystal Drive, Suite 330, Arlington, VA 22202 Principal Investigator: Kristina Lugo-Graulich, Ph.D. October 2020 This report was supported by Cooperative Agreement No. 2016-U-CX-0005, awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice to the Justice Research and Statistics Association. The opinions, findings, and conclusions or recommendations expressed are those of the authors and do not necessarily represent the official positions or policies of the U.S. Department of Justice. This resource was prepared by the author(s) using Federal funds provided by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. PROSECUTING TRAFFICKING IN PERSONS CASES: AN ANALYSIS OF LOCAL STRATEGIES AND APPROACHES Abstract This project examined practices and initiatives undertaken by prosecutors across the United States to address trafficking in persons (TIP) in order to learn about TIP case identification and case building; when jurisdictions prosecute utilizing their state’s TIP statute or alternative charges; and how prosecutors approach victim identification, serving victims, and increasing convictions and penalties for traffickers and buyers. It also sought to draw lessons learned that other jurisdictions can use to begin this work or increase their capacity and effectiveness, regardless of size or location. This project was a partnership between the Justice Research and Statistics Association (JRSA) and the National District Attorney’s Association (NDAA) and consisted of two phases. Phase I was a national survey of prosecutors and Phase II was a series of four case studies in jurisdictions undertaking anti-TIP initiatives. The results of the survey are intended to provide a national snapshot of trends in local TIP prosecutions and the use of state-level TIP statutes by local prosecutors. It serves as a ten- year update to, and expansion of, previous research on local prosecutorial approaches to trafficking that had used data on cases prosecuted through 2008 (Bouché, Farrell, & Wittmer, 2016; Clawson, Dutch, Lopez, & Tiapula, 2008; Farrell & Fahy, 2009; Farrell et al., 2012; Farrell, Owens, & McDevitt, 2014). Results indicate that local prosecutors have made significant progress in prosecuting TIP cases, becoming educated on their states’ laws, and undertaking practices to reach more victims and convict more offenders, although this progress was uneven and there are still several opportunities for improvement. The survey results also provide context for the four case studies in Phase II. These case studies examined strategies for addressing TIP cases in four jurisdictions across the U.S. In San Diego, the formation and evolution of their countywide coalition was examined. The Miami case study focused on their digital evidence collection, forensics, and evidentiary use practices. The New York case study similarly focused on digital evidence, with special focus on its use in proactively identifying and building TIP cases. In Ramsey County/St. Paul, their preparation, coordination, and building of infrastructure to support implementation of their Safe Harbor law was studied. The development of each initiative was examined via detailed stakeholder interviews, program document review, and review of a sample of case files at each site. Lessons learned and recommendations for research and practice conclude the report. Preferred citation: Lugo-Graulich, Kristina A.; Myrent, Mark; Pierotte, Lisa M.; and Brick, Bradley T. (2020). Prosecuting Trafficking in Persons Cases: An Analysis of Local Strategies and Approaches. Washington, D.C.: Justice Research and Statistics Association. Final Report prepared for the United States Department of Justice, Office of Justice Programs, National Institute of Justice. 2 This resource was prepared by the author(s) using Federal funds provided by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. PROSECUTING TRAFFICKING IN PERSONS CASES: AN ANALYSIS OF LOCAL STRATEGIES AND APPROACHES Acknowledgements The Justice Research and Statistics Association and the National District Attorney’s Association would like to acknowledge several people without whom this research would not have been possible. First, we thank the National Institute of Justice for funding this work, and we specifically thank Amy Leffler at NIJ for her constant support throughout the project. We thank our Advisory Group of NDAA members along with Dr. Amy Farrell for vetting the prosecutor survey. We thank Lynzie Adams and NDAA’s summer 2017 interns for helping with survey administration, distribution, collection of demographic variables, and follow up. We thank District Attorneys John Choi, Cyrus Vance, Summer Stephan, and Katherine Fernandez Rundle for supporting our case study work in their offices, as well as Mary Ellen Barrett, Erica Schumacher, Brenda Mezick, Carolina Holderness, and their staffs for their tireless work helping to coordinate interviews, data access, and all the preparation and follow up associated with completing the site visits and analyses. Dr. Lugo wishes to thank Candace Mosley from NDAA for her invaluable work throughout this project and for being an excellent travel companion and research partner on the site visits. Dr. Lugo thanks Luz Aramburo, Laura Iesue, Akinshimaya Nnamdi, and Sorrel Stetson for their assistance with coding case files, and Alyssa Purdy, Glenn Kwembe, Allison Betus, and Brad Brick for their assistance with analyzing the case file data. Dr. Lugo also thanks Lisa Pierotte and Brad Brick for their help with analysis and writing assistance with the qualitative interviews, Mark Myrent for his work on the Phase 1 survey report writing and formatting work, and Ms. Pierotte additionally for building all the datasets from the raw case file coding forms. Last, but certainly not least, we thank our respective staffs at JRSA and NDAA for their assistance with preparing this final report. This work would not have been possible without them. 3 This resource was prepared by the author(s) using Federal funds provided by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Prosecuting Trafficking in Persons Cases: An Analysis of Local Strategies and Approaches Executive Summary This project examined practices and initiatives undertaken by prosecutors across the United States to address trafficking in persons (TIP). Its goals were to learn about TIP case identification and case building; when jurisdictions prosecute utilizing their state’s TIP statute or use alternative charges and why; and how prosecutors approach victim identification, serving victims, and increasing convictions and penalties for traffickers and buyers. The project also sought to distill lessons learned that other jurisdictions can use to begin this work or increase their capacity and effectiveness, regardless of size or location in the United States. This project was a partnership between the Justice Research and Statistics Association (JRSA) and the National District Attorney’s Association (NDAA) and consisted of two phases. The first was a national survey of prosecutors and the second was a series of four in-depth case studies in jurisdictions undertaking anti-TIP initiatives to support prosecutions. The results of the survey are intended to provide a snapshot of trends across the U.S. in local human trafficking prosecutions and the use of state-level human trafficking statutes by prosecutors. Specifically, it serves as an update and expansion of previous research over the years by Farrell, Clawson and colleagues on local prosecutorial approaches to human trafficking (Bouché, Farrell, & Wittmer, 2016; Clawson, Dutch, Lopez, & Tiapula, 2008; Farrell & Fahy, 2009; Farrell et al., 2012; Farrell, Owens, & McDevitt, 2014). The survey results also provided context for the case studies. These studies examined programs or strategies to address TIP cases in four jurisdictions. In San Diego, the formation and evolution of their countywide
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