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Jailing mothers 'damaged a generation'

By Sarah Cassidy
Wednesday, 30 January 2008

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ALAMY

A third of women prisoners have a child under five

Mothers of young children should not be jailed unless they pose a risk to society, the Children's Commissioner for England says in an outspoken condemnation of sentencing policy.

Around 18,000 children were separated from their mothers by imprisonment every year, Professor Sir Al Aynsley-Green said, adding that the high level of custodial terms was damaging the prospects of a new generation as well as being a burden on the taxpayer, who will have to foot the bill for the damaged children.

According to a report by 11 Million, the commissioner's organisation, many women are being imprisoned for minor offences at the expense of their children's wellbeing. The report, which will be published tomorrow to coincide with a debate in the House of Lords on the plight of women in prison, concluded that the treatment of mothers by the judicial system needed a radical overhaul.

Sir Al said: "Nobody in their right mind would think it is in a child's best interest to be born in prison or spend their early years there. There is a societal issue at stake about the best way to deal with women offenders. There is a need to achieve a balance between the use of prison to address crime and keep society safe and, on the other hand, to do whatever is best for highly vulnerable women in view of their role in bringing up the next generation."

Lord Ramsbotham, the former chief inspector of prisons and now an independent peer, will call for the establishment of a women's justice board, warning that the prison system was "designed by men for men" and is failing women prisoners.

There are just over 80,000 prisoners in UK jails, 4,300 of whom are women. Around a third of women prisoners have children under five. Some children are adopted, others are cared for by their father or another relative and some will be placed in care until their mother is released, or sometimes longer.

But children of jailed mothers more likely to be convicted of a crime and to serve time on probation than other children. They are also three times more likely to display antisocial behaviour and suffer mental health problems in later life.

Very few of the women had committed offences that made them a danger to society, the report said. Women were being jailed unnecessarily for minor offences, doing great damage to their children.

The report called for mothers who commit non-violent crimes to be allowed to serve their sentence in a community-based unit .

It recommended that probation reports assess the impact on a female offender's children before their mother is sentenced, and called for government research into the impact on children of being separated from their mothers.

Research suggests babies can suffer severe psychological damage if they are separated from their mothers between the age of six months and four years.

Behind bars: the figures

18,000: The number of children who are separated from their mothers by imprisonment each year.

9: The percentage of children who are cared for by their fathers while their mothers are in prison.

5: The percentage of women prisoners whose children remain in their own home once their mother has been sentenced.

1 in 3 Women prisoners are single parents.

66: The percentage of women in prison who have dependent children under 18.

1 in 2: Women in custody have suffered from domestic violence.

1 in 3: Women in custody have suffered sexual abuse.

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28 Comments

In 2007 the South African Constitutional Court handed down judement in which it found that a sentencing court must consider the rights of children when sentencing a primary care giver. Visit the Constitutional court website www.constitutionalcourt.org.za, and look for the M v The State.

Posted by Ann Skelton | 31.01.08, 09:29 GMT

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This article is another in the flawed tradition of the deificatin of the mother. Society's predeliction to protect women from the consequenes of thier criminal behavior is what really puts generations of children at risk. The article's mistaken hypothesis is that the health of the chiold is dependent upon its continued connectioion to the mother regrardless of the mothers moral or ethical status. It fails to raise the question: What happens to children left in the custody of mothers who are habitual criminals? The deeper but politically incorrrect fact is that the condition of children has more to do with the presence or absence of the father than that of the mother. The prirotiy of the artricle was not the children at all but that of women who use their status as mothers as both excuse for ther criminal activity and rationale for lesser punishment. All the statistics relating to the mothers were basically about choices they made. Single motherhood, domestic violence--choices!

Posted by revcljsr | 31.01.08, 06:49 GMT

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I think rather than ruling that mothers shouldn't go to jail, the law should allow that single parents shouldn't go to jail unless absolutely necessary. That way there is nothing sexist in trying to keep a child from being torn from its only parent. The fact that the vast majority of such children will have been living with their mothers, not their fathers, is another subject altogether.

The child is innocent and should not be punished for its mother's (or father's) crime. Being separated from your primary caregiver, whoever it may be, at a young age is about as bad a punishment as could be devised for a child.

Posted by EllenP | 30.01.08, 21:59 GMT

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What a load of sexist nonsense. Already women are far less likely to go to prison than would be a man who commits an identical offence. I resent that a fathers imprisonment is not considered worthy of comment in this article yet we are all expected to wring our hands in anguish when a mother is imprisoned because she has chosen to break the law rather than discharge her reponsibilities as a parent. What about the victim of the crime? Does not he / she deserve justice?

Posted by poliakin | 30.01.08, 21:48 GMT

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This has been said over and over and over. PRISONS DO NOT HAVE ANY EFFECT either on crime rates, rates of reoffending, or effects felt and consolation to victims and families. Instead, what we see is that prison exacerbates many problems of offenders; whether these be drugs, poverty, unemployability, homelessness, psychiatric issues etc etc etc!!!!
This system does not dicriminate between men or women, ages, race, language, literacy etc etc etc in the serious damage it does to people who are often the most needy and vulnerable within a society.
when will people understand that true rehabilitation requires that people in these situations be rehabilitated in a social environment for society, in a system of objective improvment which will benefit the offender and, ultimately, everyone else.

Posted by arfnore | 30.01.08, 20:50 GMT

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Whilst I whole-heartedly agree that mothers should not be imprisoned unless in extreme circumstances, surely this is discrimination against the rest of the population who would still be eligible for imprisonment simply because they are not mothers? Imprisoning anybody has huge detrimental effects on them (if an individual is not seriously damaged before entering HMP's they likely will be by the time they leave), their family and society at large. NOBODY should be locked away and have chunks of their lives stolen by the State unless they are truely a threat to society and in that case it is most likely psychological help they need not just imprisonment. Prison obviously does not work as a deterrent or for rehabilitation and there are many different ways in which somebody convicted of a crime can repay their debt to society in the community.

Secondly I suspect that much fewer crimes would be committed if vast wealth of this country was distributed more fairly.

Posted by DH | 30.01.08, 20:33 GMT

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I should imagine that jailing fathers must have had the same effect.
My father spent some time at one of HMP's "hotels" in the early 1950s...he added an extra "0" to a cheque......silly boy!
Should I claim that my life was blighted by that event?
I was without the necessary guidance of a father's hand. Did it distance me from my father, do you think? (I was 1 year old at the time......)
Was he really a risk to society?
I think his experience certainly damaged him, so you could argue that it damaged his offspring also....
He committed the crime, and did the time....

Posted by P.S.Lewis | 30.01.08, 19:48 GMT

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Here we go again.

Feminists gain equality of opportunity for women on the basis that they are the same as men.

As soon as they get that they want privileges for women because they are different from men.

Generally they seek to achieve this by claimimg "ownership" of children.

It's that good old sexist double standard we have come to expect from feminists.

They are completely unprincipled man-hating cultural Marxists.

Posted by XP Ally Docious | 30.01.08, 19:36 GMT

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'We're keen to maintain a focus on the issues rather than swerve into a personal to-and-fro. Please bear in mind, especially when there are so many good comments here.'

Posted by MODERATOR | 30.01.08, 16:54 GMT

Dear moderator,

Would it not be possible then that the Independent was able to offer us a forum with which to discuss these topics further. As you know, these are topics that effect us all in life and discussing them further would educate people more. A reply to an article is good but a forum is even better with which to further the debate onwards.

Posted by Marcus | 30.01.08, 18:38 GMT

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In response to the comment left by 'Marcus', he asks "I would like to ask those people how crime committed by a mother is different to crime committed by a father?"

It is not a question of the crime but of the punishment. And as Josphine Vos pointed out below, "Equality of treatment does not mean sameness of treatment." To deny that men and women have different needs, particularly relating to roles in parenthood and child rearing, is ridiculous, and denies the obvious fact that women are responsible for the majority of early childcare, on the pure basis of their biology.

To also have this idea that people are either 'good' or 'bad' and that the 'bad' are "the weak-minded, undisciplined people of society" as 'fleming' writes, is also a highly flawed notion. As 'Me' points out, half of these women have suffered domestic violence, and one third have suffered sexual abuse. They very likely come from poverty. To say they are simply 'weak-minded, undisciplined' people assumes everyone in society is presented the same opportunities and life is simply a series of choices. This is a fantasy; a large part of why these women- and many men for that matter- have turned to crime relates to the trauma they have experienced in their life, which is arguably because we as a society have failed them. Let us not fail the next generation in which this overhaul aims to protect.

Posted by Alyssa | 30.01.08, 17:05 GMT

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