Abstract

http://ssrn.com/abstract=1708682
 


 



Children of Incarcerated Parents: The Child’s Constitutional Right to the Family Relationship


Chesa Boudin


Yale University - Law School

July 22, 2010

Journal of Criminal Law and Criminology, Forthcoming

Abstract:     
This Article describes the vast population of children with incarcerated parents. The central argument reframes sentencing law and prison visitation policy through the lens of children’s rights, rather than the traditional frame of prisoners’ rights. It then suggests as a possible legal basis for children's right to a relationship with their convicted parents the First Amendment freedom of association and a due process liberty interest. The argument is developed through comparative analysis of current sentencing law and visitation policy in New York State and the federal system, as well as First Amendment doctrinal analysis. International law and practice illustrate that the status quo in the United States need not be the only approach.

Number of Pages in PDF File: 42

Keywords: Children, Prison, First Amendment, Sentencing

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Date posted: November 14, 2010 ; Last revised: July 10, 2011

Suggested Citation

Boudin, Chesa, Children of Incarcerated Parents: The Child’s Constitutional Right to the Family Relationship (July 22, 2010). Journal of Criminal Law and Criminology, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1708682

Contact Information

Chesa Boudin (Contact Author)
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States

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