Abstract:
Particularly in an era of mass incarceration, many people
accused or convicted of crimes are parents who face incarceration
for varying periods of time. This may include time spent after
arrest waiting to post bail, following sentencing for a crime, or for
parole or probation violations. Although parental status rarely
figures into the decision-making regarding incarceration,3 the
effect of parental incarceration on children’s well-being warrants
consideration. Attorneys serve as counselors as well as
advocates for their clients. Knowing clients’ parental status and
helping them articulate the effects of incarceration on their
children should be one of the responsibilities of the attorney
charged with representing the client. Whether the attorney
directly represents a client or is engaged in impact litigation,
appreciation for a client’s parental status is essential.
