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Titlebook: Maternal Sentencing and the Rights of the Child; Shona Minson Book 2020 The Editor(s) (if applicable) and The Author(s) 2020 Parental impr

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Methodological Choices and ChallengesI used multiple data strands and the data collection from three groups: children whose mother was in prison, adults who were looking after children whilst their mother was in prison, and Crown Court judges was influenced by Article 12 of the UNCRC 1989. I explore the ethics of engaging directly with
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Explanation 1: Children Are Not Adversely Impacted When Their Mother Is Imprisonedore require no particular consideration by the sentencing courts or other authorities. In order to test the explanation, I begin with a summary of what is known from research literature about the impact on children of maternal imprisonment. This provides a context for the remainder of the chapter in
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Explanation 3: Sentencers Are Not Permitted, or Are Unable, to Consider the Welfare of Children of D of maternal imprisonment on a child? To answer these questions in the original research, two topics were explored. Firstly, the ways in which judges understood the boundaries and guidance on their discretion to include dependent children as a factor in sentencing calculus and secondly, the extent o
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Reasons for the Differentiated Treatmentren who face separation from their parents by the state in the family courts in proceedings under the Children Act 1989. The previous three chapters have explored possible explanations for such differentiated treatment but it is clear that none of the explanations proffered provides a satisfactory r
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Implications for Wider Societyer and child leaves the child in need of another adult to take on their care; that adult and their family and dependents are also affected. This chapter focuses on the way in which maternal imprisonment impacts upon caregivers, contrasting their situation with those who take on the care of a child w
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Implications for the StateThis chapter begins by asking: Are these harms to children part of the state’s intended punishment of the mother? If not, then do other terms such as ‘collateral consequences’ provide sufficient explanation for them? Has the terminology used to describe the experiences of children played a part in l
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