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Keywords: prostitution
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Journal Articles
New Criminal Law Review (2019) 22 (4): 542–584.
Published: 01 November 2019
... existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and...
Abstract
Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data ( N = 45) from our studies of three emerging and existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and professional goals. As our case study demonstrates, professionals in specialized diversion programs recognize the inadequacy of criminal justice systems and believe that women who sell sex do so as a response to past harms and a lack of social, emotional, and material resources to cope with their trauma. Trauma shapes the kinds of interventions and expertise that are marshalled in response. Specialized programs create seepage that may reduce solely punitive responses and pave the way for better services. However empathetic, they do nothing to address the societal forces that are the root causes of harm and resultant trauma. This may have more to do with imagined capacities than with the objectively best approaches.
Journal Articles
New Criminal Law Review (2016) 19 (4): 592–639.
Published: 01 November 2016
...Jessica Swanson This article explores arguments about the legalization of prostitution and how they impact human trafficking. One argument holds that prostitution is a form of sexual liberation, expression, and women’s agency. The counterargument views prostitution as a form of violence against...
Abstract
This article explores arguments about the legalization of prostitution and how they impact human trafficking. One argument holds that prostitution is a form of sexual liberation, expression, and women’s agency. The counterargument views prostitution as a form of violence against women and maintains that, where prostitution is legal, human trafficking will increase to meet the open demand for sex. These arguments, however, do not account for variations in cultural beliefs and traditions, gender inequality, or the impact of the formation of a global society. The complementary theoretical frames of gender inequality and the formation of a global society are viewed through a global criminal justice lens. Through this framework, this article discusses the prostitution and human trafficking laws of the Netherlands, the United Kingdom, and the United States, which have varying stances on the legalization of prostitution, and how their laws create challenges for law enforcement. Without consideration for complementary theoretical frames, differing laws among jurisdictions, and challenges for law enforcement, problems such as overgeneralization, faulty assumptions, and passing ineffective or shortsighted laws will fuel the debate on the legalization of prostitution and, in turn, inhibit progress in efforts to combat human trafficking.