When a person is arrested, charged or sentenced with a crime, their children are often deeply affected by their parent’s situation. Lawyers, judges and others working in the criminal legal system make critical decisions that can significantly impact these children’s lives. To help reduce harm to a defendant’s dependents, it is essential that family relationships and caregiving responsibilities are evaluated, considered and prioritized throughout the legal process.
The resources below offer guidance for making informed decisions at various stages of the legal process, including pretrial proceedings and sentencing.
CIC also offers training for legal professionals who want to learn more. These sessions cover the impacts of parental incarceration, as well as laws that encourage or require the consideration of family relationships in sentencing decisions and the benefits of community-based alternatives. Past training partners include Criminal Justice Institute, Hennepin County Public Defender’s office, Minnesota Association of Criminal Defense Lawyers, and United States District Court. To schedule a training, contact us at outreach@cicmn.org.
Child-Focused Advocacy at the Pretrial Stage
Decisions made during the pretrial stage, like whether to detain a person, can have significant consequences for both the outcome of the case and the well-being of the defendant’s children. Tools like family impact statements and changes to existing procedures can help ensure that courts take family relationships and caregiving responsibilities into account after arrest and before sentencing.
Child-Focused Sentencing
A parent’s sentence is also a child’s sentence. Decisions about the type of sentence, length of sentence, and associated restrictions directly impact the defendant’s dependents, including potentially indefinite separation. Judges are encouraged to utilize tools like family impact statements to balance these important factors in their decision-making.
Alternatives to Incarceration
Police, prosecutors and courts may allow parents or caregivers of minor children to remain in the community in lieu of incarceration, while their case is adjudicated, or as a sentencing alternative. These alternatives avoid parent-child separation and help mitigate the negative impacts of incarceration. Examples include use of probation and parole, electronic home monitoring, and group homes and other community-based housing programs. Existing and emerging programs and policies around the U.S. provide alternatives that keep caregivers in their community and maintain public safety. These programs typically provide resources to help meet defendants’ underlying needs, helping to stabilize families into the future and reduce recidivism.