This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on such issues. 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 different treatments and its implications for children, their caregivers, and wider society.

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
Acknowledgements Contents
Chapter 1: Introduction Aims and Structure

Part I: The Foundations
Chapter 2: The invisibility of women and their children in the criminal justice system
State separation of children from their parents-The family court practice-The criminal court practiceChildren of imprisoned parents: IntroductionWomen in prison in England and Wales-Women in prison 1995 -2006-Women in prison 2007 -2019 -Increasing visibility and numbersThe impacts of parental imprisonment on children Describing the Harms -The doctrine of double effect-Defendant responsibility -Collateral damage or collateral consequences-Punishment DriftReconceptualising the harms -Secondary prisonisation of children and caregivers-Secondary Stigmatisation of children and caregiversConclusion

Chapter 3: Methodological Choices and Challenges
Research DesignMethodological Choices-Mixed methods design-Triangulation of data -Direct engagement with childrenProcedural and Practice EthicsMethodological Challenges-Access-Power dynamics-Bias and reflexivity The research participants-Families in which child(ren) and caregivers were interviewed-Families in which only child(ren) were interviewed-Families in which only the caregiver was interviewed-Family in which the child(ren) only completed the questionnaire

Part II: Explanations for the differentiated treatment of children of defendant mothers

Chapter 4: Explanation 1: Children are not adversely impacted when their mother is imprisoned
Introduction Overview of international research findingsUnderstanding the impactsSecondary Prisonisation-The changes children experience as a consequence of their mother's physical removal - Physical separation - Change of caregiver- Changes to home- Changes to education - The changes children experience in their relationship with their mother - Maintaining a relationship - Maintaining a relationship through visits- Maintaining a relationship through letters and phone calls - The changed dynamic of the mother and child relationship Secondary StigmatisationConfounding Grief: children's emotional and behavioural responses -Grief-Anger and physical aggression-Sleep problems and regressive behaviours-Problems at school -Anger at authority Conclusion

Chapter 5: Explanation 2: The state duty of care does not extend to children of defendant mothers
Statutory obligations towards children in England and Wales The welfare of the child -The Children Act 1989-The Threshold Criteria -Post-1989 developments Non-statutory obligations towards children ...