Climate of Fear: Admission of Prior Bad Acts to Establish Coercion in Human Trafficking Cases

Authors

Masha Simonova, Harvard Law School

Abstract

The article argues that evidence of a defendant's prior bad acts, such as gang membership or violent behavior, should be admissible in human trafficking cases to establish coercion. This evidence is crucial for demonstrating the "climate of fear" created by traffickers, which is central to proving coercion under the Trafficking Victims Protection Act (TVPA). The author contends that such evidence is not only intrinsic to the crime but also admissible under Federal Rule of Evidence 404(b) for permissible purposes, such as proving intent, knowledge, or modus operandi.

Disciplines

Criminal Law | Criminal Procedure | Evidence | Law | Law and Race

Recommended Citation

Masha Simonova, Climate of Fear: Admission of Prior Bad Acts to Establish Coercion in Human Trafficking Cases, 26 Cardozo J. Equal Rts. & Soc. Just. 29 (2019).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol26/iss1/4