thectrp

IV. Criminal

CRIMINAL LAW RESOURCES FOR TRAFFICKING VICTIMS

CRIMINAL VICTIM WITNESS – ADVOCACY

  • Federal Crime Victims’ Rights Act – Act mandates rights that must be afforded to victims of crime, including the right to dignity and privacy, to confer with government counsel, and to proceed without untimely delay.
  • Recommended Guidelines for Interviewing Children in Cases of Alleged Sexual AbuseThe basic premise for these guidelines is that even young children may be able to provide reliable and accurate accounts of events that they have experienced or witnessed, provided that the interview is done appropriately, in a proper setting, and without manipulation by the evaluator. These guidelines are based upon the clinical and laboratory research cited in the references
  • Motions in Child Abuse Cases – Discusses pre-emptive strategies a prosecutor should take to protect a child victim of abuse before and during trial.

CRIMINAL DEFENSE

Immigration Consequences of Conviction

The following fact sheets discuss the immigration consequences of juvenile criminal convictions:

Other helpful materials on the “Immigration Consequences of Conviction”:

  1. Crimes and Immigration: A Definitive Manual for Winning Cases, ed. Jill Sheldon, Catholic Legal Immigration Network, is an excellent book describing the immigration implications of criminal cases.  It can be purchased here: http://www.ilw.com/store/CriminalConvictions.shtm.
  2. Immigration Benchbook for Juvenile and Family Court Judges – This benchbook by the Immigration Legal Resource Center presents a summary of the aspects of immigration law relevant to juvenile and family court. It provides critical basic information, and also should enable bench staff, advocates and others to flag issues. If more in-depth information is required, readers should refer to Chapter 11, a listing of specialized books and manuals, technical assistance, websites, and other resources.
  3. Defending Immigrants Partnership – Site developed by the Immigrant Legal Resource Center, New York State Defender Association Immigrant Defense Project, National Legal Aid and Defender Association and the National Immigration Project of the National Lawyers Guild to assist criminal defenders in representing noncitizens

Cases

  • In the Matter of C-M-, 5 I&N Dec. 327, 329 (BIA 1953) (“a juvenile delinquency is not a crime”)
  • In re Devison, 22 I&N Dec. 1362, 1365 (BIA 2000) (“findings of juvenile delinquency are not convictions for immigration purposes”)
  • Matter of Ramirez- Rivero, 18 I&N Dec. 135, 138 (BIA 1981) (“an adjudication of a delinquency is not a conviction of a crime within the meaning of our immigration laws”).

RESOURCES FOR LAW ENFORCEMENT

The following guides describe how law enforcement can investigate, identify, and respond to human trafficking.

  • The Crime of Human Trafficking: A Law Enforcement Guide to Identification and Investigation – Comprehensive guide for law enforcement on how to identify human trafficking victims, distinguish human trafficking from other crimes, and investigate cases of human trafficking.
  • The Exploitation of Trafficked Women - Problem-oriented guide for law enforcement on exploitation of trafficked women. Summarizes knowledge about how police can reduce the harm caused by specific crime and disorder problems. Provides information on prevention and improving overall response to incidents, not to investigating offenses or handling specific incident.

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