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THE REPRODUCTIVE AND PARENTAL RIGHTS OF INCARCERATED MOTHERS
Authors:Jenni Vainik
Affiliation:University of Minnesota Law School and Honorable Judge David Doty of the United States District Court, District of Minnesota
Abstract:
Acknowledging the explosive growth in the number of incarcerated women in the United States, this Note critically examines the current treatment of mothers and expectant mothers in the U.S. prison system. This Note highlights the severe inadequacy of current prison policies and accompanying maltreatment of incarcerated women and their children, especially with regard to the frequent separation of mothers from their children and the poor health care available to expectant mothers. The damage inflicted by current prison policies must be comprehensively redressed through the creation of prison nursery programs, halfway houses, the provision of optimal prenatal care, and the elimination of the draconian practice of shackling pregnant women. Such reforms will not only benefit incarcerated women and their children, but will also deter recidivism and promote the welfare of the community at large.
Keywords:incarcerated mothers  female inmates  pregnant inmates  prison nurseries  halfway houses  shackling  prenatal care  federal bureau of prisons  children and incarceration
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