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The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
Michigan Journal of International Law
The paper examines the intersections and differences between “slave labor” as used in the Brazilian domestic sphere and “slave labor” as applied to international law. The former shows an approach centered on criminal law, as opposed to human rights law. This paper explains why degrading working conditions and debilitating workdays should continue to be prohibited and punished. It also compares the sanctions of the Brazilian Criminal Code with those of similar crimes in other jurisdictions. It concludes with a discussion of the current bill proposed by Senator José Sarney, which would replace the current definition with one that more closely …
Criminal Certification: Restoring Comity In The Categorical Approach, Joshua Rothenberg
Criminal Certification: Restoring Comity In The Categorical Approach, Joshua Rothenberg
University of Michigan Journal of Law Reform
Federal sentencing enhancements force federal courts to delve into the world of substantive state criminal law. Does a state assault statute require violent force or just offensive touching? Does a state burglary statute that criminalizes breaking into a car or a house require prosecutors to charge the location entered as an element? Whether a person with prior convictions convicted of violating 18 U.S.C. § 922(g) faces a minimum sentence of fifteen years and a maximum of life imprisonment rather than a maximum sentence of ten years turns upon the answers to these questions. Yet, state law often does not resolve …
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Michigan Journal of International Law
In August 2013, the French Parliament passed a statute meant to bring domestic law into conformity with several European legal instruments recently adopted. The statute explicitly addressed for the first time contemporary forms of slavery, servitude, and forced labor by establishing a set of four offenses that criminalize these three types of severe labor exploitation. For lawmakers as well as for many stakeholders in the fight against modern-day slavery, that achievement marked the culmination of a series of piecemeal amendments to criminal law and narrow advances in case law, which gradually enhanced the penal repression of modern-day slavery over the …