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Maternal Sentencing and the Rights of the Child

Maternal Sentencing and the Rights of the Child

作者： Shona Minson
出版商： Springer-Verlag
ISBN: 9783030327378
出版时间 February 2020
规格： Hardback
适应领域： Switzerland ? 免责申明：
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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.
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 practice - Children of imprisoned parents: IntroductionWomen in prison in England and Wales- Women in prison 1995 -2006- Women in prison 2007 -2019 - Increasing visibility and numbers - The 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 caregivers - Conclusion
Chapter 3: Methodological Choices and Challenges Research DesignMethodological Choices - Mixed methods design - Triangulation of data - Direct engagement with children- Procedural and Practice Ethics - Methodological 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 findings- Understanding the impacts- Secondary 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 Stigmatisation- Confounding 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 in England and Wales - Children's rights and state initiated separation of a child from their parent - Family court proceedings: during the court proceedings - Family court proceedings: after separation from their parent - Criminal court proceedings: during the court proceedings - Criminal court proceedings: after separation from their parentConclusion
Chapter 6: Explanation 3: Sentencers are not permitted, or are unable, to consider the welfare of children of defendant mothers - Sentencing practice in England and Wales - Sentencing Guidelines and authorities - Judicial awareness of Sentencing Guidelines and authorities - Judicial understanding of the impact of maternal imprisonment - Assumptions affecting judicial decision making - The age of the child- The mother and child relationship - The child's socio economic status - Kinship care - Conclusion
Chapter 7: Other reasons for the differentiated treatment of children - Introduction - Constructions of children within the courts - Separation of the courts: labelling and secondary stigmatisation of children - The invisibility of women and misunderstood notions of gender equality and fairness - Conclusion
Part III: The implications of the differentiated treatment of children whose mothers are sentenced in the criminal courts
Chapter 8: Implications for wider society - Introduction - The impact on caregivers who provide care for the children of imprisoned mothers - Selection of caregivers - Health - Dependents - Spouses and partners - Changes to work and finance - Personal cost - The influence of the caregiver relationship - The impact of maternal imprisonment on a child's life chances - Conclusion
Chapter 9: Implications for the state Punishment or punishing? Collateral Consequences - Constructions and justifications of third party harms - The way forward - A change in penological thinking - A change in the use of imprisonment - A change in the state's response: mitigating harms and residual obligations - An example of change: South Africa - Conclusion
Chapter 10: Where are we now? Reflections on change 2011-2019 - Legal Education - Human Rights - Sentencing Guidelines in England and Wales - Policy implications of the research - Relevance of the findings beyond children of defendant mothers - Conclusion

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