Boudin, C. (2011). Children of incarcerated parents: The child's constitutional right to the family relationship. The Journal of Criminal Law and Criminology (1973) , 101 (1), 77-118.
Summary
The article focuses on how prison administrators usually cast a blind eye on the children when creating visiting policies. Although it is generally ignored, the authors go ahead to assert that this has a significant effect on the younger generation. The recent 500% increase in rates of incarceration has meant that many children have lost their parents in prison. Imprisonment of parents has secondary effects on the children including their caregivers. Parental incarceration leads to implications in several vital areas including visitation, communication, and conditions of confinement. In light of the legal framework, understanding parental imprisonment raises the questions regarding the welfare of the children left behind.
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Analysis
The article attempts to answer three critical questions regarding this topic. First, it sheds light on the relevance of the offender's children in sentencing, conditions of confinement, and prison locations. Secondly, the societal interest in maintaining a relationship between the convicted parents and their children. The third question raised is whether children should be considered in developing visitation policies. In consideration of the children's rights rather than the parent's rights, children should be at the center of the sentencing and visitation policies. In light of the First Amendment rights, children have a right to association and liberty to enjoy the provisions of the due process.
Application
Recognizing the needs of children of the incarcerated persons should be at the center of policymaking. With over 1.5 million children having their parents in jail, the children potentially lack a guardian who will ensure their physical and psychological well-being. Thus, problems such as anxiety, mental illness, social stigma, and depression becoming a possibility, the lawmakers must create favorable conditions that ensure that the incarcerated parents can keep in touch with their children. Through the lenses of the First Amendment, international laws, and due process clause, the children's rights must be at the center of the parental correction in prison.
