Answer to Question 1
Answer: The following must be in the answer:
a. Trafficking
i. Must contain an element of force, fraud, or coercion, unless person is under 18 years of age and involved in commercial sex acts
ii. Forced and and/or exploitation
iii. People trafficked are victims
iv. People are enslaved, are subjected to limited movement or isolation, or have had documents confiscated
v. Need not involve the actual movement of the victims
vi. No requirement to cross an international border
vii. Person must be involved in labor/services or commercial sex acts
b. Smuggling
i. The person being smuggled is generally cooperating
ii. No forced labor or other exploitation
iii. People smuggled are violating the lawthey are not victims
iv. People are free to leave, change jobs
v. Facilitates the illegal entry of people from one country into another
vi. Smuggling always crosses an international border
vii. Person must only be in country or attempting to enter illegally.
Answer to Question 2
Answer: The following must be in the answer:
a. Traditional criminal act
i. The premise of traditional criminal law is that a single offender or a few offenders have caused harm to a single victim or to a few victims.
ii. Punishments are based on this relationship.
b. Typical law practices cannot apply to instances of terrorism because the scale between the offenders and the damage caused is not proportional.
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