Silent Victims of the Criminal Justice System: Children with Incarcerated Parents

  • Anjali Rahul Verma and Muskan Singh
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  • Anjali Rahul Verma

    Student at Army Institute of Law, Mohali, India

  • Muskan Singh

    Student at Army Institute of Law, Mohali, India

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Abstract

Griselda Blanco, Al Capone, Charles Sobhraj, Pablo Escobar, Ted Bundy, and Surinder Koli are names that may ring a bell as some of the most infamous criminals globally. However, one aspect that many might overlook, aside from their notorious reputations, is that they all share a commonality: they have left behind families, including children. These children, innocent and uninvolved in their parents' crimes, are forced to confront the challenges stemming from their parents' actions. The issue of parental incarceration is increasingly recognized as a significant social concern, with deep and enduring effects on children's well-being and development. This abstract delves into the psychological, emotional, educational, and social repercussions faced by children who have one or both parents behind bars, as well as the various policies, judgments, and laws in India and other countries aimed at supporting the welfare of children with incarcerated parents. Studies show that these children face a heightened risk of mental health issues, academic struggles, social stigma, and potential entanglement with the criminal justice system. The absence of a parent due to incarceration often results in financial difficulties, disrupted caregiving situations, and trauma from separation, all of which exacerbate their vulnerability. This paper highlights the critical need for focused interventions, supportive policies, and community programs that cater to the specific needs of these children, with the goal of breaking the cycle of intergenerational incarceration and fostering resilience and stability in their lives.

Keywords

  • Children of Incarcerated Parents (COIPs)
  • hidden victimhood
  • attachment theory
  • social learning theory
  • intergenerational transmission
  • social stigma
  • prison visitation rules
  • rehabilitation
  • alternative sentencing

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 674 - 697

DOI: https://doij.org/10.10000/IJLMH.1110497

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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