Abstract

This paper explores the socio-legal impacts of maternal incarceration on children in the United States. The steep rise in incarceration rates, particularly among women, has highlighted challenges faced by children with incarcerated mothers. These challenges include emotional distress, social stigmatization, behavioral issues, psychological maladjustment, and more. Despite the existence of programs aimed at supporting these children, such initiatives often lack a cohesive national policy, resulting in inequality in access and implementation. This study advocates for a comprehensive analysis of the legal context, including trends, sentencing policies, and the rights of the child. It emphasizes the need for a more consistent application of the "best interests of the child" standard in sentencing decisions. At the same time, it analyzes international and national practices and programs situated in addressing said challenges. By evaluating current approaches and proposing reforms, this study aims to provide insights for improving support systems for children affected by maternal incarceration.

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