An international human rights perspective on maternal criminal justice involvement in the United States.

Abstract

Internationally and historically unprecedented numbers of women in the United States are under criminal justice supervision in jails, prisons, and the community. Pregnant women and mothers with minor children comprise a large proportion of this population. The rise in criminal justice oversight and incarceration rates has differentially impacted a highly vulnerable population of women and children. This article outlines an international human rights perspective on the criminal justice involvement of pregnant women and mothers with minor children, and describes common and broadly accepted U.S. criminal justice practices in the areas of pregnancy, birth, and contact with children that differ from a rights-based approach. Using the United Nations-developed Bangkok Rules and existing research as a foundation, the authors conclude by advancing recommendations for more humane approaches to pregnant and parenting women and their children that would bring the United States more closely in line with international standards. This article capitalizes on the increased attention currently being placed on the U.S. criminal justice system to highlight continued problems and provide humane solutions that draw on international approaches while also fitting a U.S. context.

Reproductive justice for incarcerated mothers and advocacy for their infants and young children

“…Often, infant placement could not be arranged before birth, adding to the mothers ' anxiety. (p. 53) While possibly outdated, these observations are generally consistent with our work with imprisoned women in Minnesota (Shlafer, Gerrity, & Duwe, 2015) and our understanding of the processes and policies in other states (for a review, see Goshin, Arditti, Dallaire, Shlafer, & Hollihan, 2017). Indeed, Kelsey et al (2017) reported that 17.4% of facilities surveyed require incarcerated women to be handcuffed or shackled during the delivery process.…”

“…While possibly outdated, these observations are generally consistent with our work with imprisoned women in Minnesota (Shlafer, Gerrity, & Duwe, ) and our understanding of the processes and policies in other states (for a review, see Goshin, Arditti, Dallaire, Shlafer, & Hollihan, ). Indeed, Kelsey et al.…”

Corrections officers’ knowledge and perspectives of maternal and child health policies and programs for pregnant women in prison

“…Although some of these women are released before giving birth, each year an estimated 1400 women in the US give birth while incarcerated . As the female prison population has risen, there has been a growing call for gender-responsive policies and programs in carceral settings, including the development and implementation of programs that meet the unique needs of pregnant women in prison (Covington and Bloom 2007;Goshin et al 2017;Sufrin 2017).…”

Revisão Sobre O Presídio Feminino Nos Estudos Brasileiros

“…O sistema penitenciário brasileiro vem apresentando um formato ineficaz de ressocialização e esse processo ocasiona problemas em escala exponencial de crescimentos. Compreende-se que o crime é um fenômeno complexo que abrange fatores biológicos, ambientais, sociais, econômicos, psicológicos, psiquiátricos, entre outros (Goshin, Arditti, Dallaire, Shlafer, & Hollihan, 2016;Johnston, 2019).…”