Rowman & Littlefield Publishers
Pages: 448
•
978-1-4422-0982-4 • eBook • December 2011 • $92.00 • (£71.00)
Virginia M. Kendall is a judge of the United States District Court for the Northern District of Illinois. Before being elevated to the federal bench, Judge Kendall served as a deputy chief in the United States Attorney’s Office in Chicago, where for more than ten years she served as the child exploitation coordinator. She travels extensively both domestically and internationally teaching judges and lawyers about crimes against women and children, and is an adjunct professor of law at Northwestern University School of Law and Loyola University School of Law.
T. Markus Funk served as a federal prosecutor in Chicago for more than ten years, and spent two years in Kosovo as the USDOJ Resident Legal Advisor. He has taught law at, among other places, Oxford University, the University of Chicago, Northwestern University, and the USDOJ National Advocacy Center; was awarded USDOJ and the State Department’s highest service awards; and is the author of three books and dozens of criminal law–related articles and book chapters. His legal work is featured in outlets such as CNBC, CNN, the Economist, the Los Angeles Times, the National Law Journal, National Geographic Channel, MSNBC, and the Wall Street Journal.
ABOUT THE AUTHORS
ACKNOWLEDGMENTS
FOREWORD
INTRODUCTION
SURVEYING THE SCOPE OF THE PROBLEM
THE BROAD DESCRIPTIVE CHALLENGE
APPRECIATING THE HUMAN TRAFFICKING PROBLEM AND ITS ENFORCEMENT CHALLENGES
SYNCHRONIZED ABUSE: THE IMPACT OF INTERNATIONAL ORGANIZED CRIME GROUPS ON CHILD TRAFFICKING AND OTHER FORMS OF SEXUAL EXPLOITATION
PUBLIC CORRUPTION AS THE SILENT PARTNER TO CHILD SEXUAL EXPLOITATION
FEDERAL STATUTES TARGETING CHILD EXPLOITATION
FINDING THE WORLD'S VOICE: INTERNATIONAL INSTRUMENTS TARGETING THE SEXUAL EXPLOITATION OF CHILDREN
INVESTIGATING CHILD EXPLOITATION CASES
THE SYNDICATE AND THE SCHOLAR: EXAMINING THE ANATOMY OF THE PROSECUTION OF UNIVERSITY OF CHICAGO PEDIATRICIAN DR. H. MARC WATZMAN
THE CHALLENGE OF TRANSNATIONAL INVESTIGATIONS
VICTIM WITNESS PROTECTION IN CHILD EXPLOITATION CASES
THE DIFFICULT DEFENSE: SURVEYING THE MOST COMMON ISSUES WHEN REPRESENTING INDIVIDUALS ACCUSED OF CHILD EXPLOITATION
OVERVIEW OF SELECTED TRIAL ISSUES
SENTENCING CONSIDERATIONS IN SEXUAL EXPLOITATION CASES – DOES ANYTHING WORK?
CONCLUSION
INDEX
APPENDICES
APPENDIX 1 CONVENTION ON THE RIGHTS OF THE CHILD (1989) PREAMBLE
APPENDIX 2
APPENDIX 3 U.S.-THAILAND MUTUAL LEGAL ASSISTANCE TREATY
APPENDIX 4 SAMPLE LETTER ROGATORY
APPENDIX 5 1992 INTER-AMERICAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
Child Trafficking and Sexual Exploitation: Examining the Global Challenges and U.S. Responses is an excellent resource for practitioners, advocates, and policy makers. The intersection of child trafficking and exploitation is a complex issue, and one seldom addressed using a child rights based approach. This book provides a comprehensive overview of the topic, including the current national and international legal instruments that can be used to combat child trafficking and exploitation cases, the impact of these crimes on child survivors, and challenges and recommendations for moving forward to protect the most vulnerable members of our society.
— Katherine Kaufka Walts, J.D., director, Center for the Human Rights of Children; Loyola University Chicago
From the Foreword:
Fair-minded and comprehensive, the Kendall-Funk treatise is a mile-stone on the road to improved policy in this difficult and important area, and will be an invaluable resource to judges, prosecutors, police, policy makers, criminologists, and the defense bar. I know that it will be of great value to me in dealing with the many appeals that my court receives from convictions and sentences in cases of sex crimes against children.
— Richard A. Posner, U.S. Circuit Judge
This groundbreaking legal text, which comprehensively analyzes the accelerating worldwide crisis of the sexual exploitation and trafficking of children, comes at a critical time. . . . [A] compelling and authoritative treatise, clearly written, and filled with best practices and specific examples, this work challenges all citizens of our modern, global society to think creatively, mobilize our resources, and join forces to protect and save our children.
— Hon. Ann Claire Williams, U.S. Court of Appeals for the Seventh Circuit; Lawyers Without Borders Program Director; Avon Global Center for Women and Justice Steering Committee Member; National Institue for Trial Advocacy Board Member
This critically important book offers an essential, foundational element to a coordinated approach to end child sexual exploitation and trafficking.
— Helen Stacy, director, Stanford University Program on Human Rights
The book aims to present a one-stop source on the subject — from child pornography to international human trafficking and the organized crime that is often behind it....[Funk and Kendall] wanted to provide a resource regarding not only victims, but various sex crimes, the court system, defense strategies and computer techniques perpetrators use to hide information, as well as how law enforcement can find it.
— Chicago Sun-Times
In authoring Child Exploitation and Trafficking, U.S. District Court Judge Virginia M. Kendall and former federal prosecutor T. Markus Funk, provide perhaps the first comprehensive history and current account of child sexual exploitation and trafficking as well as seeking to provide an analysis of the grid of U.S. and transnational laws that allow for the enforcement against these crimes and the resultant prosecutions. This is not an academic work per se, but the research and comprehensive approach is scholarly. Rather, this book could serve a wide range of members of the legal community: as a reference tool, text book for law students, guidance for prosecutors and NGO’s seeking a brief synopsis of successful applications of laws both within the U.S. and in international forums.
— American Society of International Law
Child Exploitation and Trafficking is an excellent resource for anyone–prosecution or defense –trying to deal with human trafficking and/or child exploitation cases. It not only is a terrific resource for those practicing in these areas, but it also provides enough depth and coverage of the salient issues that policymakers and others interested in federal criminal practice would find useful and interesting.
— The Colorado Lawyer