Title Maternal sentencing and the rights of the child / Shona Minson

Published Cham : Palgrave Macmillan, 2020

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Description 1 online resource Series Palgrave Socio-Legal Studies Palgrave Macmillan socio-legal studies. Contents Intro -- Acknowledgements -- Contents -- 1 Introduction -- Aims and Structure -- Part I -- Part II -- Part III -- References -- Part I The Foundations -- 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 -- Women in Prison in England and Wales -- Women in Prison: 1995-2006 -- Women in Prison: 2007-2016 -- Increasing Visibility and Numbers -- The Impacts of Parental Imprisonment on Children -- Describing the Harms 5 Explanation 2: The State Duty of Care Towards Children 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 -- 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 Families in Which Child(ren) and Caregiver Were Interviewed -- Families in Which Only the Child(ren) Were Interviewed -- Families in Which Only the Caregiver Was Interviewed -- Families in Which Only the Child Took Part by Completing the Questionnaire -- References -- Part II Explanations for the Differentiated Treatment of Children of Defendant Mothers -- 4 Explanation 1: Children Are Not Adversely Impacted When Their Mother Is Imprisoned -- Introduction -- Overview of International Research Findings -- Understanding the Impact -- 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 -- 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 -- References The Doctrine of Double Effect -- Defendant Responsibility -- Collateral Damage or Collateral Consequences -- Punishment Drift -- Reconceptualising the Harms -- Secondary Prisonisation of Children and Caregivers -- Secondary Stigmatisation -- Conclusion -- References -- 3 Methodological Choices and Challenges -- Research Design -- Methodological 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 Summary 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 Bibliography Includes bibliographical references and index Notes Print version record Subject Prison sentences -- England Prison sentences -- Wales Women prisoners -- England Women prisoners -- Wales Children of prisoners -- England Children of prisoners -- Wales Children of prisoners Prison sentences Women prisoners Wales England Form Electronic book ISBN 9783030327385 3030327388

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