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1 Policy Analysis Name Department Unit Professor Date

2 Abstract The needs and interests of women are essential to consider as they help enhance the aspects of equality. This has been addressed in areas such as employment but other areas such as prisons have not been considered. Women tend to engage in criminal activities for reasons that are different from those of men and most of these women are mothers. The criminal justice system consequently fails to address the needs and interests of mothers in terms of their gender and parenting needs. This proposal, therefore, strives to analyze the challenges that incarcerated mothers experience in the criminal justice system.

3 Introduction/Problem Statement Different groups of people experience different aspects of society differently and this is the case for individuals in the system of criminal justice. Through the gender perspective, individuals tend to be affected differently by the aspects of crime and consequently relate differently to the system of criminal justice. In the United States, the number of women who are behind bars amounts to 225,000, and 80% of these women are mothers in that they have at least a single child (Kennedy et al, 2020). This consequently means that the likelihood of the incarcerated women having a child at their homes in the course of serving their time or having sole custody is relatively high. Considering that these women are the primary caretakers of their children and are pushed to criminal activities by aspects of poverty, incarceration tends to affect the women and their children negatively. This paper, therefore, strives to analyze the challenges that incarcerated mothers experience in the system of criminal justice. Literature Review The representation of individuals of different genders in the criminal justice system has been different where women have been mainly underrepresented especially in the United States (Gepppert, 2022). According to the Federal Bureau of Prisons, 2023, the population of women in prisons amounts to 10,948 individuals which are 6.9% of the total population whereas the number of males amounts to 147,782 which is 93.1% of the total population of the inmates. This form of underrepresentation of women consequently means that the plight of the incarcerated women is mainly ignored as the interests of the men in the prisons are addressed and continue to receive additional attention and development. Bartels et al, 2020 argue that the disparity occurs in the form of the models developed in the system that enhance service delivery in custody, release, and the post-release phase where the needs of men have been highly addressed compared

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4 to those of women. The main reason attributable to the differences in representation is the disparity that exists in sex differences in criminality (Geppert, 2022). Women engaging in criminal activities are mainly pushed by the aspects of poverty. In the course of the criminal justice process, parents tend to experience challenges in the form of being separated from their children (Bartlett et al, 2018). According to Kennedy et al, 2021, this separation is evident in scenarios where incarcerated mothers have to leave the children with their grandmothers or the fathers. In other scenarios the separation is facilitated by formal and state-appointed caretakers which makes it difficult for mothers to see their children. Kennedy et al, 2021, further argue that the aspect of gender disparity is evident in separation because there is a higher likelihood amounting to eight times of the children of incarcerated mothers being placed in an institutional setting of care compared to the scenario of incarcerated fathers. Mothers also face additional challenges in the form of lacking parental recognition by the criminal justice system or even having to show care to their children while serving their time in prison (Walker, 2018). Breuer et al, 2021, argue that a larger number of women are usually in charge of the custody of their children and also showing care and responsibility and this is consequently complicated by the incarceration of these women. Kennedy et al, 2021 state that a higher proportion of incarcerated women amounting to 64% are likely to the custodial parents compared to 47% of incarcerated men. This is most evident in scenarios where mothers have to join residential programs in prisons where they have to care for their children in prison nurseries. Separation of incarcerated women from their families and especially children and the complication of the process of offering care and responsibility to their children have significant effects on the women and their children. According to Breuer et al, 2021, the implications on the

5 women and children are usually felt in the course of being arrested, sentenced, imprisoned, and even during release. According to Walker, 2018, women tend to experience a lot of harsh treatment and judgment from society on the basis of the impact that imprisonment has on their children. Walker further argues that the harsh treatment and judgment also come from the service providers in the criminal justice system such as the custodial officers, professionals, and even fellow prisoners. These are factors that have significant negative impacts on the mental health of the mothers that may be evident in the form of depression, anxiety, stress, and the development of trauma. Kennedy et al, 2021 argues that the emotional and psychological stress that the incarcerated mothers experience is attributable to the fact that the criminal justice system continuously fails to embrace and incorporate the needs of mothers in the design of the prisons and jails. Additionally, policies implemented for aspects of incarceration and visitation fail to recognize the importance of the bond between a mother and their children which consequently affects the relationship between mothers and their children that may be fostered through regular contact. The number of women prisons is also relatively low which means that mothers are likely to be put at a place that is far from their homes and this consequently hinders efforts of maintaining close contact with children. Women who are pregnant at the time of being arrested and locked up also tend to experience a unique set of challenges. This is evident in scenarios where they have to be comfortable with the healthcare services provided in the criminal justice facilities and this is mainly associated with the aspects of neglect and abuse. Expectant mothers, therefore, lack the standard care that they require in the form of screening services and a regular check on pregnancies associated with a high risk for the mothers and their children. Upon their release

6 from prison or jail, mothers experience a different set of challenges and this is mainly attributable to financial aspects. Women released from jail and prison go through aspects of unemployment, homelessness, and poverty due to the high financial insecurity associated with coming from jail. The level of food insecurity that the women from jail and prison experience is also relatively high and these aspects consequently push them towards criminal activity as they strive to provide for their children and this consequently increases the likelihood of being arrested, sentenced, and put to prison again. Conclusion It is evident that incarcerated mothers experience a unique set of challenges that needs to be addressed to enhance their wellbeing and that of their children. The needs and interests of mothers and their children can be addressed through the development of policies that create a room for the continuation of a good relationship between the mother and their children. Policies may address the aspect of the designs of the prisons to accommodate mothers effectively and also visitation where mothers and children can have adequate time to create a good bond. Policies also need to address the aspects of healthcare to ensure that pregnant mothers receive quality care as they serve their time in jail or prison. Educational programs are also essential to ensure that individuals understand the strategies they need to adopt to support the incarcerated mothers and avoid stigmatizing them. Support programs upon release are also essential as they help enhance a good transition from the prison life to the normal life where the mothers can comfortably cater for their needs and the needs of children.

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7 References Bartels, L., Easteal, P., & Westgate, R. (2020). Understanding Women's imprisonment in Australia. Women & Criminal Justice , 30 (3), 204–219. https://openresearch- repository.anu.edu.au/bitstream/1885/207890/1/Understanding%20Women's %20Imprisonment%20in%20Australia%20-%20final.doc Bartlett, T. S., Flynn, C. A., & Trotter, C. J. (2018). “They didn’t even let me say goodbye”: a study of imprisoned primary carer fathers’ care planning for children at the point of arrest in Victoria, Australia. Child Care in Practice , 24 (2), 115-130. https://www.academia.edu/download/58185187/Bartlett_et_al_2018_They_Didn_t_Even _Let_Me_Say_Goodbye_A_Study_of_Imprisoned_Primary_carer_fathers.pdf Breuer, E., Remond, M., Lighton, S., Passalaqua, J., Galouzis, J., Stewart, K. A., & Sullivan, E. (2021). The needs and experiences of mothers while in prison and post-release: a rapid review and thematic synthesis. Health & justice , 9 (1), 1-19. https://healthandjusticejournal.biomedcentral.com/articles/10.1186/s40352-021-00153- 7#citeas Federal Bureau of Prisons, (2023). Inmate Gender. [Online] Available at https://www.bop.gov/about/statistics/statistics_inmate_gender.jsp Geppert, K. (2022). Explaining the Gender Gap in the Criminal Justice System: How Family- Based Gender Roles Shape Perceptions of Defendants in Criminal Court. Inquiries Journal , 14 (02). http://www.inquiriesjournal.com/articles/1936/explaining-the-gender- gap-in-the-criminal-justice-system-how-family-based-gender-roles-shape-perceptions-of- defendants-in-criminal-court

8 Kennedy, S. C., Mennicke, A. M., & Allen, C. (2020). ‘I took care of my kids’: mothering while incarcerated. Health & Justice , 8 , 1-14. https://healthandjusticejournal.biomedcentral.com/articles/10.1186/s40352-020-00109- 3#citeas Walker, J. (2018). Women and Gestation in Prison: Becoming a'Good Enough Mother' (Doctoral dissertation, UNSW Sydney). https://unsworks.unsw.edu.au/bitstreams/3ec3a73b-4d0f- 451c-91a4-dc021c58008f/download

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