The Usefulness of Therapeutic Jurisprudence for Re-Thinking Babies in Prison

11 Pages Posted: 21 Feb 2021

See all articles by Helen Crewe

Helen Crewe

Independent Researcher; Nottingham Trent University

Date Written: December 14, 2020


International human rights state that imprisonment for mothers with babies should be used as a last resort. Currently, there is no international agreement for the age limit of children in prison and a lack of consistency with the treatment of this minority population. This article is significant in its advocacy of using a theoretical approach that emphasises the benefits of using legislation, including international human rights frameworks. The premise of Therapeutic Jurisprudence (TJ) is that law influences emotional life and psychological well-being (Winick & Wexler, 2003). Significantly, the duty bearers of the Bangkok Rules (2010) include individuals from non-governmental organisations, local communities and the voluntary sector. This article examines the role of activists who represent the rights of women, practitioners who work in prisons and other potential stakeholders. Moreover it recognises the reality for creating a rights respecting culture in prisons across the globe is complex for babies in prison.

Keywords: Law, Human Rights, Therapeutic Jurisprudence, Criminology, Sociology

Suggested Citation

Crewe, Helen and Crewe, Helen, The Usefulness of Therapeutic Jurisprudence for Re-Thinking Babies in Prison (December 14, 2020). Available at SSRN: or

Helen Crewe (Contact Author)

Nottingham Trent University ( email )

Burton Street
Nottingham NG1 4BU, NG1 4LN
United Kingdom

Independent Researcher ( email )

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