Is There Hope for the Children of Imprisoned Parents? Part 2 of 2

Part 1 of this article focused on several aspects of what children go through when their parent is imprisoned. It also discussed whether children are more likely to become criminals themselves as a result. Part 2 will discuss who is to blame … the parent in prison or the system? What can be done to help children of imprisoned parents beat the odds? Was the prosecutor right when she told the court that society would be better served if our client were locked up for a very long time because his behavior on the street would result in his children being raised to be future repeat offenders?

Who is to blame … the parent in prison or the system? The imprisoned parent obviously should be blamed for committing a crime. However, the system is set up so that the most common offenses – drug crimes, result in lengthy mandatory prison sentences, regardless of whether it is a person’s first offense or that person’s importance in the overall drug ring. These are called “minimum mandatory” penalties that were enacted primarily in the 1980’s to combat the “war on drugs.” The offenses were meant to take away any discretion from courts when sentencing drug offenders. The “minimum mandatory” concept quickly expanded to other areas of criminal law, such as firearm offenses and violent offender cases. The laws have been successful in getting people into prison, but those most punished are not wealthy drug traffickers responsible for massive national and international drug rings but rather low-level and poverty stricken minorities who are being exploited by the ring leaders. This results in their children not only having to struggle through the negative emotional effects of a parent being sent away to prison but also worrying about where they will get their next meal perhaps resorting stealing it or even selling drugs to buy it.

What can be done to help children of imprisoned parents beat the odds? For starters, lawmakers need to face the controversial issue of eliminating “minimum mandatory” sentences. Doing so will not be popular because politicians will be accused of being soft on the “war on drugs,” but the reality is that the war on drugs has failed miserably. Drug trafficking and drug use is no less than before these mandatory prison laws were enacted. Sentences should be crafted by judges based on a person’s criminal actions, criminal history and personal characteristics – not just to a certain number of years in prison because a law not based on reason or research requires it. Millions of taxpayer dollars are spent sending people to prison when punishment other than prison would be far more effective in rehabilitating a person to become a productive member of society. Write your state and federal congressmen and encourage them to take action now!

Was the prosecutor right when she told the court that society would be better served if our client were locked up for a very long time because his behavior on the street would result in his children being raised to be future repeat offenders? No. Taking him away from his children and throwing him into a jail cell was probably the worst thing that could happen to those children, far worse than any perceived effect his behavior had on the children. If a parent is actually teaching a child how to buy, sell and use drugs, then obviously the answer is yes, that person has no business raising children. But the prosecutor was assuming that was the case, and everyone knows what happens when people assume . . .