Maternal Sentencing and the Rights of the Child

Description

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. Front Matter ....Pages i-x Introduction (Shona Minson)....Pages 1-9 Front Matter ....Pages 11-11 The Invisibility of Women and Their Children in the Criminal Justice System (Shona Minson)....Pages 13-52 Methodological Choices and Challenges (Shona Minson)....Pages 53-72 Front Matter ....Pages 73-73 Explanation 1: Children Are Not Adversely Impacted When Their Mother Is Imprisoned (Shona Minson)....Pages 75-113 Explanation 2: The State Duty of Care Towards Children Does not Extend to Children of Defendant Mothers (Shona Minson)....Pages 115-133 Explanation 3: Sentencers Are Not Permitted, or Are Unable, to Consider the Welfare of Children of Defendant Mothers (Shona Minson)....Pages 135-161 Reasons for the Differentiated Treatment (Shona Minson)....Pages 163-169 Front Matter ....Pages 171-171 Implications for Wider Society (Shona Minson)....Pages 173-203 Implications for the State (Shona Minson)....Pages 205-227 Where Are We Now? (Shona Minson)....Pages 229-241 Back Matter ....Pages 243-279