Download or read book The Impact of Sentencing and Other Judicial Decisions on the Children of Parents in Conflict with the Law written by and published by . This book was released on 2017 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of Sentencing and Other Judicial Decisions on the Children of Parents in Conflict with the Law written by and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available at: 0102+0+DOC+XML+V0//EN 15 The Impact of Sentencing and Other Judicial Decisions on the Children of Parents in Conflict with the Law Anniversary of the UN CRC, calling on the Commission "... to assess the impact of detention policies and criminal justice systems on children".60 In the Americas, the Organizati [...] She observed that the provincial government could not "sidestep the principle that in all state actions concerning a child, the best interests of the child shall be a primary consideration."84 In particular, the court concluded that the interests of mothers and infants to remain together is an aspect of security of the person (for both the mother and the child in relation to the benefits of stayin [...] In commenting on the jurisprudence on this Article 8 obligation to consider the interests of a dependent child and the consequences of a custodial sentence on family life, Minson, Nadin and Earle summarize a set of four guiding principles emerging from the case law, including: (1) The sentencing of a parent for a criminal offence engages the right to family life of both the parent and the child (... [...] A confluence of factors arguably were influential in this judgment, including, firstly, constitutional protection of the paramountcy of the best interests of the child conjoined with constitutional protection of a right to family or parental care; secondly, application of the ACRWC, including Article 97 See, e.g., R Epstein, 'Sentencing mothers: the rights of the child and the duties of the crimin [...] In making a decision to accept an offender into the FOSA program, the court is expected to balance a range of factors, such as the seriousness of the offence, the appropriateness of the alternative for the offender, and the safety and needs of the victim, the child, the public and the offender.155 A core principle in guiding such decisions is the best interests of the child, defined as a parenting.
Download or read book Parental Imprisonment and Children s Rights written by Fiona Donson and published by Routledge. This book was released on 2021-03-30 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together internationally renowned academics and professionals from a variety of disciplines who, in a variety of ways, seek to understand the legal, conceptual and practical consequences of parental imprisonment through a children’s rights lens. Children whose parents have been incarcerated are often referred to as "invisible victims of crime and the penal system." It is well accepted that the imprisonment of a parent, even for a short period of time, not only negatively affects the lives of children but it can also result in a gross violation of their fundamental human rights, such as the right of access to their parent and the right to have an input into decision-making processes affecting them, the outcomes of which will without doubt affect the life of the child concerned. This collection foregrounds the voice of these children as it explores transdisciplinary boundaries and examines the practice and development of the rights of both children and their families within the wider dynamic of criminal justice and penology practice. The text is divided into three parts which are dedicated to 1) hearing the voices of children with parents in prison, 2) understanding to what extent children’s rights informs prison policy, and 3) demonstrating how law in the form of children’s rights can help frame both court sentencing and prison practice in a way that minimises the harm that contact with the prison system can cause. The research drawn upon in this book has been conducted in a number of European countries and demonstrates both good and bad practice as far as the implementation of children’s rights is concerned in the context of parental incarceration. An accessible and compelling read, this book will appeal to students and scholars of law, children’s rights, criminology, sociology, social work, psychology, penology and all those interested in, and working towards, protecting the rights of children who have a parent in prison.
Download or read book The Governance of Criminal Justice in the European Union written by Ricardo Pereira and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.
Download or read book The Impact of Youth Imprisonment on the Lives of Parents written by Daniel McCarthy and published by Taylor & Francis. This book was released on 2023-09-29 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been argued that families play a crucial role in helping support prisoners during and beyond their time in prison. Through harnessing material and emotional support offered through family, prisoners can have a stronger commitment to move towards prosocial pathways via these important social ties. Yet, often overlooked are the experiences of families themselves in providing support for prisoners. This book focuses on parents whose adolescent male children are sent to prison. Charting many of the adversities which parents face – from violence, psychological stress, to stigma and shame – the book provides one of the first empirical assessments of the ways parents manage the consequences of serious crime and navigate relationships with their children in prison. As well as documenting major social hardships of imprisonment, the book will also assess the heterogeneous impacts on relationships between parents and their male children, including cases where relationships may improve or worsen over the sentence. With sensitivity to issues of gender, ethnicity and inequality in families, this book sheds new light on many of the problems of youth crime and presents a highly topical insight into the effects of imprisonment on parents. An accessible and compelling read, this book will appeal to students and scholars of criminology, youth justice, sociology and all those interested in the role of families in supporting prisoners.
Download or read book Maternal Sentencing and the Rights of the Child written by Shona Minson and published by Springer Nature. This book was released on 2019-12-24 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. 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 differentiated treatment and its implications for children, their caregivers, and wider society.
Download or read book African Human Rights Law Journal Volume 20 No 2 2020 written by and published by Pretoria University Law Press. This book was released on 2020-01-01 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).
Download or read book Juvenile Crime Juvenile Justice written by Institute of Medicine and published by National Academies Press. This book was released on 2001-06-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.
Download or read book Children of Incarcerated Parents written by Katherine Gabel and published by Lexington Books. This book was released on 1995 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: No descriptive material is available for this title.
Download or read book Parental Incarceration written by Denise Johnston and published by Routledge. This book was released on 2016-03-10 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parental Incarceration makes available personal stories by adults who have had the childhood experience of parental incarceration. These stories help readers better understand the complex circumstances that influence these children’s health and development, as well as their high risk for intergenerational crime and incarceration. Denise Johnston examines her own children’s experience of her incarceration within the context of what the research and her 30 years of practice with prisoners and their children has taught her, arguing that it is imperative to attempt to understand parental incarceration within a developmental framework. Megan Sullivan, a scholar in the Humanities, examines the effects of her father’s incarceration on her family, and underscores the importance of the reentry process for families. The number of arrested, jailed, and imprisoned persons in the United States has increased since 1960, most dramatically between 1985 and 2000. As the majority of these incarcerated persons are parents, the number of minor children with an incarcerated parent has increased alongside, peaking at an estimated 2.9 million in 2006. The impact of the experience of parental incarceration has garnered attention by researchers, but to date attention has been focused on the period when parents are actually in jail or prison. This work goes beyond that to examine the developmental impact of children’s experiences that extend long beyond that timeframe. A valuable resource for students in corrections, human services, social work, counseling, and related courses, as well as practitioners, program/agency administrators, policymakers, advocates, and others involved with families of the incarcerated, this book is testimony that the consequences of mass incarceration reach far beyond just the offender.
Download or read book Effects of Child Age on Sentence Severity for Mothers and Fathers written by Miranda Nelson and published by . This book was released on 2020 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children are negatively affected by parental incarceration, and peoples' discretion in sentencing determines for how long parents are taken away from their children. Although federal laws explicitly state that people should not consider family responsibilities and defendant gender when sentencing, psychological theory and research suggests that people might be sensitive to defendants' gender and the age of their children. The novel question is whether child age influences sentencing decisions. To test these effects, the age of the defendant's child and defendant gender were manipulated in two experiments - in a 3-sentence vignette in Study 1 and a presentence investigation report in Study 2. Study 1 tested a 2 (gender: man, woman) X 8 (age of child: 6-months, 1-year, 3-years, 5-years, 8-years, 13-years, 15-years, no child) between-subjects design, and Study 2 tested a 2 (defendant gender: man, woman) X 3 (no child, 1-year- old, 13-year-old) design. Participants in both studies were adults in the United States recruited from Amazon Mechanical Turk, n = 461 in Study 1 and n = 362 in Study 2. Results revealed that in Study 1, defendants with a 1-year-old received less prison time than defendants with a 13-year-old; defendants with a 1-year-old received less prison time than defendants with no children; and defendants with a 13-year-old and defendants with no children received similar prison times. Contrary to prior work, women did not receive more lenient sentences than did men. As in Study 1, Study 2 found that men and women received similar prison times. Thus, results from both studies suggest that perhaps people are becoming more egalitarian in their sentencing decisions for men and women, and thus, are not influenced by traditional gender roles. Results from Study 2 revealed that defendants with a 1-year-old child received similar sentences to defendants with a 13-year-old child. Further, defendants without children received similar sentences to defendants with children. Thus, Study 1 and Study 2 found inconsistent results of whether child age influenced sentencing decisions. Therefore, results from both studies suggests that child age might influence sentencing decisions when little information is given. However, when more information is given (e.g., criminal history and details about the crime), child age does not influence sentencing decisions. Another important component of the present research was to determine why people might sentence defendants differently based on child age and defendant gender. Results from Study 2 revealed that people's general concern for the child did not mediate the relationship between child age and prison time, and perceptions of the defendant's moral character did not mediate the relationship between parental status and prison time. However, people's general concern for the child and defendants' moral character predicted prison time for the defendant, suggesting that people are influenced by their concern for the child and their perceptions of the defendants' moral character when making sentencing decisions. Considering the defendant's moral character when sentencing is a biased decision that impacts defendants' outcomes, creating a disparity between defendants who are perceived to be more moral than others. However, considering the concern of the child when making sentencing decisions is desirable because children of parents who offend are less likely to be separated from their parents, thus protecting them from a whole host of negative outcomes (e.g., future delinquency, internalizing and externalizing problems).
Download or read book The Voice of a Child in Family Law Disputes written by Patrick Parkinson and published by OUP Oxford. This book was released on 2008-12-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard. There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible? This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.
Download or read book Prisons Punishment and the Family written by Rachel Condry and published by Oxford University Press. This book was released on 2018-10-04 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year millions of families are affected by the imprisonment of a family member. Children of imprisoned parents alone can be counted in millions in the USA and in Europe. It is a bewildering fact that while we have had prisons for centuries, and the deprivation of liberty has been a central pillar in the Western mode of punishment since the early nineteenth century, we have only relatively recently embarked upon a serious discussion of the severe effects of imprisonment for the families and relatives of offenders and the implications this has for society. This book draws together some of the excellent research that addresses the impact of criminal justice and incarceration in particular upon the families of offenders. It assembles examples of recent and ongoing studies from eight different countries in order to not only learn about the secondary effects and 'collateral consequences' of imprisonment but also to understand what the experiences and lived realities of prisoners' families means for the sociology of punishment and our broader understanding of criminal justice systems. While punishment and society scholarship has gained significant ground in recent years it has often remained silent on the ways in which the families of prisoners are affected by our practices of punishment. This book provides evidence of the importance of including families within this scholarship and explores themes of legitimacy, citizenship, human rights, marginalization, exclusion, and inequality.
Download or read book Law and Society written by Matthew Lippman and published by SAGE Publications. This book was released on 2017-09-13 with total page 1126 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a well-rounded book that seems more interesting to students than other books I have used. It provides information on some cutting-edge themes in law and society while staying well grounded in the theories used by law and society practitioners." —Lydia Brashear Tiede, Associate Professor, University of Houston Law and Society, Second Edition, offers a contemporary, concise overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Second Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today’s society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control. Log in at study.sagepub.com/lippmanls2e for additional teaching and learning tools.
Download or read book Fundamentals of Sentencing Theory written by Andrew Ashworth and published by Oxford Monographs on Criminal. This book was released on 1998 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Download or read book To Right Historical Wrongs written by Carmela Murdocca and published by UBC Press. This book was released on 2013-10-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
