Maternal Sentencing and the Rights of the Child

Minson, Shona

doi:10.1007/978-3-030-32738-5

Cited by 17 publications

(14 citation statements)

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“…In work on prisoners’ children in Europe, Smith (2014: 81) describes an ‘upside-down world’ in which state representatives become enemies instead of sources of support as children’s sense of trust and legitimacy is eroded through their interactions with criminal justice agencies. Minson’s (2020) work with children of imprisoned mothers found the same effects on children’s perceptions of the police in England and Wales.…”

Section: The Harms Experienced By Families Of Prisonersmentioning

confidence: 74%

“…Imprisonment also has a disproportionate impact on the economically disadvantaged. In the UK, prisoners are more likely to come from backgrounds of poverty and interrupted education (Social Exclusion Unit, 2002) and a range of studies suggest that prisoners’ families are more likely to have lower socio-economic status and be contending with a range of associated problems (see Comfort, 2008; Condry, 2007; Minson, 2020; Wakefield and Wildeman, 2014).…”

Section: The Harms Experienced By Families Of Prisonersmentioning

confidence: 99%

“…In a study on families taking care of the children of mothers in prison one grandmother said, ‘I say it’s a sentence for me. In fact, it’s more of a sentence for me than it is for my daughter’ (Minson, 2020: 191). What is expressed is the sense that the effects of imprisonment on family members are ‘punishing’ and are felt or experienced—often acutely—as punishment.…”

Section: Secondary Punishmentmentioning

confidence: 99%

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Conceptualizing the effects of imprisonment on families: Collateral consequences, secondary punishment, or symbiotic harms?

Condry

Minson

2020

Theoretical Criminology

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This article explores how we might best understand the effects of imprisonment on families and why this is important to a full understanding of prison as a form of punishment. The effects on families have broadly been understood within previous literature in one of two ways: either as ‘collateral consequences’, or as a form of secondary punishment extended to the family member. We suggest that the first of these descriptions is at best insufficient and at worst subordinating and marginalizing, while the second is inaccurate when family members have not committed an offence. We offer instead the concept of ‘symbiotic harms’ which we define as negative effects that flow both ways through the interdependencies of intimate associations such as kin relationships. The characteristics of these harms can be more fully described by a term which encompasses their relational, mutual, non-linear, agentic, and heterogeneous properties.

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Section: The Harms Experienced By Families Of Prisonersmentioning

confidence: 74%

Section: The Harms Experienced By Families Of Prisonersmentioning

confidence: 99%

Section: Secondary Punishmentmentioning

confidence: 99%

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Conceptualizing the effects of imprisonment on families: Collateral consequences, secondary punishment, or symbiotic harms?

Condry

Minson

2020

Theoretical Criminology

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“…One of the most difficult aspects of the covid-19 prison lockdown has been the removal of this aspect of self-determination from prisoners' families. In pre-pandemic times, families had agency to make the best of the situation they found themselves in, for example spending hours travelling to visits at prisons, or ensuring that children were available for daily phone calls (Christian, 2005;Minson, 2019). During the pandemic, families cannot restore face-to-face contact, and the sporadic nature of indirect contact has removed their ability to make plans.…”

Section: Discussionmentioning

confidence: 99%

Symbiotic Harms of Imprisonment and the Effect on Children’s Right to Family Life

Minson

Flynn

2021

Int. J. Child. Rights

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Measures taken by governments to address covid-19 in prisons, have impacted significantly on the lives and rights of children. There has been consequential interference with children’s rights to family life and to contact with a parent from whom they have been separated. Since the onset of the pandemic, prisoners in many jurisdictions have lived under restricted regimes with almost universal bans on family visits. Children have not had face-to-face contact with their imprisoned parents, and alternate forms of contact have not always been available to them. Using survey and interview data collected during lockdowns in the UK and Australia, we consider the implications of the interference with the rights of children with an imprisoned parent. Focusing on their relationships, health and wellbeing and using the concept of symbiotic harms, we note how children’s experiences of the cessation of contact interacted with parents’ and caregivers’ experiences, amplifying the harms to children.

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“…VIII. Asimismo,Minson (2020);Cadoni, Sánchez, y Tuñón (2021).68 Comisión IDH (2018), Reis Junior, Silva Cohn y Baretta (2021), p. 200.69 Comisión IDH (2008), principio II.…”

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Hacia la inaplicabilidad absoluta de la prisión preventiva a mujeres embarazadas y a madres de niños en la primera infancia. Un estudio interdisciplinario

Gialdino

Gialdino²

2022

Estudios constitucionales

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effects of that prison over those women, over their children and over their family. Thus, preventive detention, the evolutionary interpretation of human rights norms, the situation and the aforementioned effects and the normative framework in which they are inserted are analysed. Once the anthropological gaze based on the alterity has been exposed, the absolute inapplicability of preventive detention to the aforementioned group of women arises.

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Maternal Sentencing and the Rights of the Child

Cited by 17 publications

References 0 publications

Conceptualizing the effects of imprisonment on families: Collateral consequences, secondary punishment, or symbiotic harms?

Conceptualizing the effects of imprisonment on families: Collateral consequences, secondary punishment, or symbiotic harms?

Symbiotic Harms of Imprisonment and the Effect on Children’s Right to Family Life

Hacia la inaplicabilidad absoluta de la prisión preventiva a mujeres embarazadas y a madres de niños en la primera infancia. Un estudio interdisciplinario

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