Criminal justice policy as evolutionary: A study of disjointed incrementalism and the evolving definition of victim of trafficking in persons in U.S. law

Abstract

Criminal justice policy, as public policy, is not the result of a single decision but evolves over time through the policy making process. To demonstrate this premise, the author uses the disjointed incremental framework to analyze the broadening of the definition of a victim of trafficking in persons in U.S. law to encompass not only the foreign-born but also domestic minor sex trafficking victims. The framework characterizes the policy making process, in practice, as limited to a few familiar policy alternatives and preoccupied with ills to be remedied rather than positive goals sought. Trafficking in persons emerged as an international and U.S. policy issue during the 1990s. Analyzing the definitional expansion reveals the evolution of policy over the law’s 20-year history. As criminologists and criminal justice organizations seek to impact national and international criminal justice policy, research enhancing our understanding of the practice of policy making in diverse arenas is critical.