Maternal Sentencing and the Rights of the Child

This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court's paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.

Builds on the growing interest in the impact of criminal justice on families of offenders Draws on a large sample of children of imprisoned mothers and 22 interviews with caregivers Speaks to those in the fields of criminology, criminal justice, children's rights, law, sociology, social policy, and social work, as well as policy makers and practitioners

Auteur

Shona Minson is British Academy Post-Doctoral Fellow at the Centre for Criminology, University of Oxford, UK. She was awarded the Economic and Social Research Council's Early Career Outstanding Impact Award 2019. Her work Motherhood as Mitigation published by The Howard League for Penal Reform won the John Sunley Prize 2013. Formerly a criminal and family barrister her work focuses on the rights of children whose parents are in conflict with the law.

Contenu

1. Introduction.- 2. The Invisibility Of Women And Their Children In The Criminal Justice System.- 3. Methodological Choices And Challenges.- 4. Explanation 1: Children Are Not Adversely Impacted When Their Mother Is Imprisoned.- 5. Explanation 2: The State Duty Of Care Does Not Extend To Children Of Defendant Mothers.- 6. Explanation 3: Sentencers Are Not Permitted, Or Are Unable, To Consider The Welfare Of Children Of Defendant Mothers.- 7. Other Reasons For The Differentiated Treatment Of Children.- 8. Implications For Wider Society.- 9: Implications For The State.- 10: Where Are We Now?