
The Socio-Legal Impacts of Maternal Incarceration on Children: Emotional, Social, and Physical Considerations in Sentencing Decisions
- 1 Conestoga High School
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Abstract
This paper explores the socio-legal impacts of maternal incarceration on children in the United States. The steep rise in incarceration rates, particularly among women, has highlighted challenges faced by children with incarcerated mothers. These challenges include emotional distress, social stigmatization, behavioral issues, psychological maladjustment, and more. Despite the existence of programs aimed at supporting these children, such initiatives often lack a cohesive national policy, resulting in inequality in access and implementation. This study advocates for a comprehensive analysis of the legal context, including trends, sentencing policies, and the rights of the child. It emphasizes the need for a more consistent application of the "best interests of the child" standard in sentencing decisions. At the same time, it analyzes international and national practices and programs situated in addressing said challenges. By evaluating current approaches and proposing reforms, this study aims to provide insights for improving support systems for children affected by maternal incarceration.
Keywords
Maternal incarceration, children, emotional distress, socio-legal, policy programs, sentencings
[1]. https://www.prisonpolicy.org/reports/pie2024women.html
[2]. https://sites.lsa.umich.edu/mgms/wp-content/uploads/sites/283/2022/06/CJARS_KidExposure_20220609.pdf
[3]. https://bjs.ojp.gov/content/pub/pdf/WOPRIS.PDF
[4]. https://www.doc.wa.gov/docs/publications/fact-sheets/400-FS003.pdf
[5]. https://oig.justice.gov/reports/2018/e1805.pdf
[6]. Baker B. (2021). Mothering and Incarceration: A Conceptual Model Supporting Maternal Identity. Journal of correctional health care : the official journal of the National Commission on Correctional Health Care, 27(2), 103–110. https://doi.org/10.1089/jchc.20.04.0020
[7]. https://wwws.law.northwestern.edu/legalclinic/wrongfulconvictions/documents/parental-prisoners-by-emily-halter.pdf
[8]. Dwyer, James G. (2014) "Jailing Black Babies," Utah Law Review: Vol. 2014: No. 3, Article 2. Available at: https://dc.law.utah.edu/ulr/vol2014/iss3/2
[9]. U.S. CONST. amend. XIV, § 1. https://constitution.congress.gov/browse/amendment-14/section-1/#:~:text=No%20State%20shall%20make%20or,equal%20protection%20of%20the%20laws.
[10]. https://www.usf.edu/cbcs/mhlp/tac/documents/cj-jj/cj/incarcerated-women-and-girls-2023.pdf
[11]. Phillips, S. D., & Dettlaff, A. J. (2009). More than parents in prison: The broader overlap between the criminal justice and child welfare systems. Journal of Public Child Welfare, 3(1), 3–22. 10.1080/15548730802690718
[12]. Fact Sheet: Incarcerated Women and Girls, SENT’G PROJECT 1 (Nov. 2015) http://www.sentencingproject.org/wp-content/uploads/2016/02/Incarcerated-Women-andGirls.pdf; Valentina Zarya, This is Why Women are the Fastest-Growing Prison Population, FORTUNE (Dec. 10, 2015), http://fortune.com/2015/12/10/prison-reform-women/.
[13]. Lee, R. D., D'Angelo, D. V., Dieke, A., & Burley, K. (2023). Recent Incarceration Exposure Among Parents of Live-Born Infants and Maternal and Child Health. Public health reports (Washington, D.C. : 1974), 138(2), 292–301. https://doi.org/10.1177/00333549221081808
[14]. https://howardleague.org/wp-content/uploads/2016/04/HLWP_3_2014.pdf
[15]. Assembly, U. G. (2010). United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules). A/C, 3, 65.
[16]. Murray, J., Farrington, D. P., & Sekol, I. (2012). Children's antisocial behavior, mental health, drug use, and educational performance after parental incarceration: a systematic review and meta-analysis. Psychological bulletin, 138(2), 175.
Cite this article
Li,P. (2024). The Socio-Legal Impacts of Maternal Incarceration on Children: Emotional, Social, and Physical Considerations in Sentencing Decisions. Lecture Notes in Education Psychology and Public Media,55,154-163.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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Volume title: Proceedings of the 3rd International Conference on International Law and Legal Policy
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