CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, March 5, 2021

Crewe on TJ and Babies in Prison

Helen Crewe (Nottingham Trent University) has posted Therapeutic Jurisprudence and Babies in Prison (Forum Prava, 2020. 64(5): 17-23) on SSRN. Here is the abstract:
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. The significance of this article is its recognition of the need for creating a rights respecting culture in prisons across the globe is complex for babies in prison.

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