Introduction
According to United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, human trafficking refers to the enrolment, transmission, as well as transportation of people through threats, force, intimidation, kidnapping, fraud, falsehood, and abuse of power, positions of susceptibility or offering and accepting payments to attain the consent of a person controlling others with the aim of exploitation.
A Summary of Decision Case
Human trafficking can affect everyone in society without prevalence. Trafficking has several impacts on individuals; perhaps it affects someone directly or indirectly. In the decision case, there is evidence of human trafficking. During the trial of Bai and Luk, both with Chinese origin, the abuse of power is evident. Nora knows some of the prosecutors and the judges of the court. After meeting in a secret place, the outcomes were that all the charges against Bai should be dropped and ignored. Moreover, Bai should get out of her boyfriend’s place (Luk), and there should be no contact at all between them. It is not a court order because there was no legal binding. Contrarily, the agreement was on a hidden place conversation among the old friends (Busch-Armendariz et al., 6-7).
All round, the conduction and ruling of the case is on the favoritism among the friends. Before the verdict, Luk did not want Bai to get jailed. Instead, she should be just accountable for her deeds. Trafficking is noticeable in the decision case since there was an abuse of power in ruling and favoritism on the other hand. Furthermore, human trafficking does affect individuals directly or indirectly. It results in mental disturbance and suffering due to some past traumatic events (SAMHSA, 57). In the case study, according to Busch-Armendariz et al. (7-9), Mr. Xiao, a Chinese businessman, employed Bai after her fall out with Luk. Bai must fill identification documents with wrong information. There are late payments and sometimes no payment.
USA laws on employment do not allow oppression, and the use of falsified identification documents is against the rule of law. Bai is innocent and does not know her rights. Neither does she know US las on employment. Workers in the company are subjected to sexual harassment, unfavorable working environment, late payments as well as the deduction of some amount in the salary. In this case, Bai is anxious about her employers’ constant threats. The threats create uncertainties on whether to stay on the country, report or not report the case, deal with the accountability of the boss, and how to continue working and caring for the workmates (Busch-Armendariz et al., 8).
Dealing with human trafficking requires a multi-disciplinary approach. Nora and Bai engage International Rescue Committee Agency (IRC). The social worker in IRC and Nora are not confident Bai is going through labor trafficking. The duos decided to seek clarification from Immigration and Customs Enforcement (ICE). ICE is doubting if the required aspects of the case are met, hence cannot continue doing the investigations. Further, ICE denotes that the victim should come forward and explain everything to help in investigations.
Therefore, Bai is left in a dilemma, whether the case is trafficking or not. Primarily if the case is not trafficking, she will be deported back to her country. Contrarily, if the case is confirmed as human trafficking, she will not be legible to work for one year. The questions are; after completing one year without working experience, who will employ her? Who will cater to her parents needs during that period? (Busch-Armendariz et al., 9)
Case Analysis
During juridification, the evidence is a crucial function. Variety types of evidence do exist, for instance, documentary evidence, absolute evidence, and testimonial evidence. In trafficking cases, testimonial evidence is mostly used. It is evident trafficking trials either stand or fall depending on the quality and availability of testimony from the victim. Thus, in the case study, Immigration and Customs Enforcement (ICE) cannot continue with investigations because Bai cant provides sufficient testimonial evidence.
More often, trafficking cases are full of falsehood. For instance, according to Busch-Armendariz et al., (9), Bai getting employment on false paper is illegal action for her and the company itself. Besides, victims in most trafficking cases have doubts about the persons questioning them. Bai's doubts about Nora and the social worker are evident in the sentiment. Besides, victims get worried about their families due to continuous threats from the traffickers. Thus, trafficking can cause a lot of mental problems and trauma. Lastly, testimonial evidence in trafficking trials is, in most cases, not consistent due to fear and even loss of memory as a result of mental problems.
Conclusion on Micro, Mezzo and Macro Cases
Human trafficking is inhuman and even pose devastating dangers to people as it undermines human rights. It affects every individual irrespective of age, gender, whether rich or poor. Micro, Mezzo, and Macro came up with different perspectives to counter human trafficking. First, Mezzo creates an initiative dealing with the system of care and child welfare. The system adapts the Safe Family Acts (Child Welfare Information Gateway). Mezzo initiative, perhaps has helped in the reduction of children trafficking through protection against abuse, both mentally, sexually as well as physically (Orme and Ross-Sheriff 287-294). Concurrently, the case decision has the same programs and initiatives which help to concur or deal with human trafficking, for instance, International Rescue Committee Agency (IRC) and Immigration and Customs Enforcement (ICE).
Furthermore, on the Macros’ perspective, the introduction of trafficking protection acts, for instance, the Trafficking Victims Protection Act (TVPA), is advantageous in dealing with human trafficking. Strong task force authorized for implementation of particular regulations. The acts perform several acts. First, through the labor department, the acts prohibit the citizen of the USA from using certain products from the slave activities. Secondly, it initiates surveys that collect and respond to human trafficking.
Thirdly, the act expands the ruling of criminals to involve citizens of those who are out of there countries to other nations to commit human trafficking crimes. Also, it acknowledges trafficking as contagious crimes; hence, worsening the consequences. Lastly, it varies some protection disclosure to immigration to human trafficking victims. Concurrently, the writer shows some healthy perspective in the decision case in the instances where some influential agencies such as ICE is formulated to deal with trafficking in every nation. ICE tries to help Bai on the incidence of mistreats and the threats from her boss.
Despite good progress fighting human trafficking, several weaknesses do exist. For example, in Mezzo initiatives, agencies find it problematic to change from previous pathology-based models to strengths-based models, resulting in exposure to several factors such as addiction, physical and sexual abuse. Moreover, most families who are involved in upholding children's’ protection are non- compliant to the rules and regulations, thus interfering with the joint forces of the family and caseworker. In case decision, both Nora and Bai are not adhering to the regulations; hence are ‘criminally liable for knowingly putting the new employer at the risk of legal trouble.’ (Busch-Armendariz et al., 9)
