4/18/2017 Project Team Colleen Owens [email protected] 202-261-5539 Jeanette Hussemann [email protected] Abbey Flynn [email protected] Bending Towards Justice: Hanna Love Perceptions of Justice among Human Trafficking Survivors [email protected] Freedom Network USA Conference Lilly Yu April 5, 2017 [email protected] Project Overview Background Literature • Funded by the National Institute of Justice State and local investigation and prosecution (Farrell et al., 2012) • 85% sex trafficking investigations • 2 year study (January 2016-December 2017) • Low victim self report, low priority, reactive investigations, 35% of victims arrested • Human trafficking laws are not being used • 8 sites, geographically diverse, 80-100 interviews with survivors • 7% sex trafficking charge, 9% sex trafficking of a minor charge and 2% labor of labor and sex trafficking, interviews with criminal and civil trafficking charge (*federal) justice stakeholders, service providers Federal prosecution and restitution (Levy et al., 2014) • Only 36% of victims were ordered restitution Goals of the study: • Half of prosecutors did not order restitution for sex trafficking • Explore human trafficking survivors’ experiences with the justice system and their perceptions of whether and how justice was achieved Labor trafficking (Owens et al., 2014) • Less than half of suspects arrested • Understand whether transitional/restorative justice and procedural justice • DOL fines in one case, restitution rare models might apply together with or separate from criminal prosecutions • Varying levels of survivor interest in case against trafficker Research Questions Research Questions • How do survivors define justice in their cases? What do they believe were • How do survivors of human trafficking perceive their engagement with the the harms caused (short and longer-term) and what actions do they believe justice system (e.g., investigators, prosecutors, defense and judges)? What would result in making them whole, or would be considered appropriate are the barriers and facilitators they have encountered? Do perceptions reparations? Do these vary by case type and nature of victimization? vary based on whether survivors experienced elements of procedural justice in their cases? • How do survivors perceive the aspects of justice that were and were not achieved in their cases? Do these vary by whether a case went through the • How do legal service providers, prosecutors, and judges define justice for civil or criminal justice process, or not? their human trafficking survivors and how do they perceive the current and potential processes of achieving ‘fair’ outcomes for them? • How might alternative forms of justice, incorporating elements of procedural and resorative/transitional justice, be applied to human trafficking cases? 1 4/18/2017 What is procedural justice? What is procedural justice? • Idea of fairness in the processes that resolve disputes and allocate resources; • Procedural justice research contributes to our knowledge of the types of actions describes the idea that how individuals regard the justice system is tied more to the that provoke feelings of injustice: perceived fairness of the process and how they were treated rather than to the • Voice/Participation: People are entitled to have their say and to be listened to in their perceived fairness of the outcome. dealings with others, e.g. Their day in court; Their side of the story • Neutrality: People are entitled to being treated objectively based on facts, and not personal • A shift in focus in the way justice is perceived: characteristic • Distributive Justice – rules of distribution, fairness of the outcomes themselves • Respect: People are entitled to interpersonal sensitivity, e.g. Polite and respectful treatment from others • Procedural Justice - rules of interpersonal conduct, fairness of the methods and processes used to determine the outcomes • Transparency: People are entitled to be kept abreast to legal processes and decisions • People care whether their treatment is fair because fair treatment means something • Wellbeing: People are entitled to receive services and considerations that will increase crucial to them—their status within their social group mental and physical health, and personal lives • Perceptions of fairness and justice influence: trust & legitimacy Applying procedural justice concepts to justice systems What is restorative justice? • Focus on keeping the survivor involved in the case, decisions that • Restorative justice: An approach to dealing with conflicts that is not punitive but are being made, and justice processes emphasizes accountability and reconciliation of the offender with the larger • Example: Ask the survivor about the outcome that they are community seeking, inform survivors of their rights, and include survivors in the decision-making process • Bad behavior is defined best as a violation of people, not law or rule • Providing space for the survivor to tell their side of the story; listen • Individuals who commit crime should be accountable not only to authorities but to those whom they have harmed when the survivor speaks, and consider what s/he is saying • Victims and communities are given a direct role in seeking justice • Focus on the survivor as an individual, and not just a case • Justice should balance the needs of victims, offenders, communities and authorities • Transitional justice: Model of response to mass atrocities, genocides, and widespread • Treat the survivor with respect and consider holistic needs violation of human rights using a combination of justice mechanisms and service provision to address harms • Focus on providing the society as a whole with the tools it needs to cope with and move on from major injustices: prosecutions, truth commissions, reparations, reform Applying restorative justice concepts to justice systems • Focus on the provision of multiple forms of justice, specified to the needs and wishes of the victim • Example: A survivor may desire an apology, reparations, and the provision of services without necessarily wanting to go through a prosecution • Identify services that survivor believes will help repair harms, apologizing, returning stolen money, community service, etc. • Understand the level of involvement the survivor wants in any legal process and in efforts to address structural problems that allow harms to occur; support the level of involvement desired by survivor 2 .