Policy Paper OC

Name: Policy Paper OC
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Author: Alice Edwards

This paper explores sex trafficking as part of organized crime, contrasting it with human smuggling, and tracing how organized crime definitions have evolved—from mafia-centric to diverse global criminal networks.

Alice Edwards

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The Online Human trafficking industry in America on Craigslist
Student: Sanna M.
Word count: 3.960
Policy paper. Organised Crime
Criminology, Erasmus School of Law. Erasmus University

Inti eduction: Sex trafficking and Organized Crime
Human trafficking is net to be confused from human smuggling, bath forms respond to the need of -
in particular - the poor, promising them a brighter future. Human smuggling is linked to illegal
immigration. The smugglers can have various reasons to help smuggle their clients to another - mostly
Western - country, these variate from supporting refugees or helping our family members to misusing
their position and violently demanding more money. While human smuggling always involves border
crossing this is not always the case for human trafficking. Victims of human mafficking are exploited
for money, they are abused and have a long-term relationship with the trafficker. With human
smuggling the relationship is short and is terminated once the clients reaches its destination (Kleemans
& Smit, 2014: pp. 381). However, it is not always easy to distinguish between smuggling and
trafficking. For instance, some clients of human smuggling are exploited once they reach the country
of destination. Same logic goes for human mafficking, when the victim agrees to perform certain acts
in exchange to be trafficked to another country, but once they arrive at the county of destination, the
agreements are changed at the disadvantage of the victim (Kleemans & Smit, 2014: pp. 382).
Human trafficking is part of organized crime, but what is organized crime? Organized crime has been
a long contested concept; and the most important discussion here revolves around the what and the
who. The term Organized Crime was explicitly mentioned in 1986 in the US, which then encompassed
gambling and prostitution, and so with the emphasis on the what. In the 20* century the focus shifted
towards the professional criminal, in which the focus was on the who rather than the what. More
specifically concerns were raised townrds the Italian mafia, through which the alien conspiracy model
was bom. Even in the absence of research, the concept of Organized Crime was composed on the
Italian Mafia type of organization, which then prevailed for at least three decades. The new definition
focused on the Italian Mafia, mere specifically from Sicily, that was active in the profitable illegal
industries until die sixties. In the sixties the mafia based view no longer seemed useful, so the concept
of Organized Crime was tweaked, adding the lesser organized gangs and illegal businesses to the
definition, shifting the attention back to the what While at ±e same time the mafia based view kept
dominating in the US and internationally. In 1980, the US pressured other countries as well to include
in the definition of Organized Crime, criminal organizations that were somehow- involved in
supplying illicit goods.’services wherever there was a demand During the 90's however. the attention
in Organized Crime dissolved, but regained attention in 2008 (Paoli & Vander Beken, 2014: pp. 14-
19). US nose embraces a far looser concept, in which the following goes: "there is no single structure
under which transnational criminals operate: they vary from hierarchical to dans, networks, cells, and
may evolve to other structures" (Paoli & Vander Beken, 2014: pp. 19).
On the opposite side of the Atlantic the attention towards Organized Crime rose in the late 80's in
Germany and the Netherlands. The fear existed towards the invasion of the Italian Mafia, which was at
its height after the murder of the two judges, Falcone and Borsellini, by the Sicilian mafia, the Cosa
Nostra. Except on the Italian Mafia, Germany and Netherlands also focused on the professional
criminals within their own borders. After the fall of the Iron Curtain, also threats towards Criminals
from the East w’as included to the definition of Organized Crime. In the 90rs, the European Union
finally adopted a definition consisting of 11 characteristics, in which at least 5 characteristics should
be present in order to call it Organized Crime. And furthermore the following four characteristics were
at least mandatory to be present: "collaboration of more than two people, "for a prolonged or indefinite
period of time," "operating on an international level" and "motivated by the pursuit of profit and ;or
power" (Paoli en Vander Beken, 2014: pp. 22). Yet in reality, it remains difficult ta what Organized
Crime really is, the police and policy makers state that any offenders involved in financial gain -while
engaging in illicit enterprise is by definition Organized Crime (Paoli & Vander Beken, 2014: 20-23).
2

Both America and Europe know a quite different development of Organized Crime, in America the
attention on Organized Crime, has been quite serious from mid-20111century, while in Europe the
attention took serious forms in late 20s1 century. America seems to take the leading role in Organized
Crime and has taken ±e responsibility upon itself to spread its tough approach towards Organized
Crime in other countries, which some recall to as "Americanization" of International Law
Enforcement (Beare & Woodiwiss, 2014: pp. 547). ’While in the EU with the definition rooted in the
Maastricht Treaty and ±e Treaty of Amsterdam the responsibilities was on the individual member
states. In the Treaty of Lisbon the responsibility shifted from the governmental pillar (third pillar) to
the first pillar, which comes down to a joint responsibility of members states to fight Organized Crime
(Fijnaut, 2014b). America has been the leading nation in the fight against Organized Crime and has
been attempting to spread its importance globally, since Organized Crime has no borders, therefore
this paper trill focus on America and the sex trafficking industry and the link with Organized Crime.
Organtzad Crime
America has taken many measures against Organized Crime in general, which consists of many
subjects, besides human trafficking. Examples indude drug trafficking, Columbia is the leading origin
country of drugs that is ±en exported abroad (Thoumi, 2014). This is an example of a failed country7 in
which by the absence of a formal state power the drug trade can flourish. Other examples in which
Organized Crime flourished due to failing state and; or absence of state power include, the Japanese
Yakuza (Hill, 2014), the Russian Mafia (Volkov, 2014), the Italian Mafia (La Cosa Nostra) (Paoli,
2014) and even the banditry groups daring from the 17“ century7 (Fijnaut, 2014a). The Yakuza for
example flourished after the Second World War, in a period with severe scarcity and a failing state
capacity (Hill, 2014: 234). This does not automatically imply ±at a failed states are the only ones
dealing with Organized Crime. For example during the prohibition in America the mafia profited from
the great infrastructure in America, while socially embedded within the communities .and responding
to the demand (van de Bunt e.a. 2014). Money laundering is relevant as well to mention here, since in
many forms of Organized Crime, money plays an important role (Levi, 2014). Especially in the drug
trafficking industry7
, Pablo Escobar is one of notorious examples and known as the drug kingpin in the
Cocaine business (Tnomni, 2014: pp. 183). Another example of money laundering is hawala banking,
which is in short a way to send money7 abroad, tough underground banking (Siegel & vande Bunt,
2014). Since this paper will focus on the role of Craigslist - which is an online classified website - in
the sex trafficking industry in America (Latonero, 2011: pp. iv), cybercrime will be discussed as well,
more intensively in the case study paragraph.
The next paragraph will discuss the research question and puzzle of this policy paper. Followed by the
theoretical model, winch will be used to frame ±e sex trafficking industry in America. Then the case
study7 will be discussed, in wThich the sex trafficking in general and in America will be discussed,
followed by the sex trafficking trade chat was facilitated by the Craigslist. This policy paper will
subsequently discuss policy in America towards sex trafficking. Finally, this paper will end with a
conclusion and a short discussion.
Resear ch question and puzzle
When one thinks of human trafficking, or more specifically sex trafficking most will associate it with
something that would not occur in western countries. Yet important to note here is that Sex trafficking
does not stop at the borders, both female and male can be a victim, across several races (Zhang 2009:
pp. 178-179). Initial search for this paper for scholarly7 articles, most papers were focused on the
countries of origin, like for example the Natasha trade. The Natasha trade is named after victimized
3

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