Considering the Parental Role at Sentencing

Podcast: Considering the Parental Role at Sentencing

Children of Incarcerated Caregivers (CIC) and the University of Minnesota Human Rights Program present a six-part podcast on parental incarceration. In each episode, public defender Michael Holland interviews a different expert to explore how and why lawyers and judges should consider the best interests of the child during a caregiver’s sentencing hearing.

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Episode 1: Families and Federal Sentencing

Considering the Parental Role at Sentencing
Considering the Parental Role at Sentencing
Episode 1: Families and Federal Sentencing
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Why is it important to raise family circumstances in federal court sentencing proceedings? Dulce Foster, white collar criminal defense attorney and CIC Advisory Board member, joins host Michael Holland to  tackle that question. She discusses the post-Booker consideration of parent-child relationships as a basis for a downward variance from federal sentencing guidelines and outlines key… Read more…

Episode 2: Parental Incarceration and Human Rights

Considering the Parental Role at Sentencing
Considering the Parental Role at Sentencing
Episode 2: Parental Incarceration and Human Rights
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This week, we’re joined by Barbara Frey: lawyer, CIC Advisory Board member, and Director of the University of Minnesota Human Rights Program. She explains the significance of parental incarceration as a human rights issue, highlighting recommendations from international governing bodies whose courts consider the best interests of the child at every sentencing of a parent. … Read more…

Episode 3: Considering Collateral Consequences

Considering the Parental Role at Sentencing
Considering the Parental Role at Sentencing
Episode 3: Considering Collateral Consequences
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Could restorative justice be the key to solving parental incarceration? Ethan Scrivner, Assistant City Attorney for the City of Duluth, joins our podcast this week to answer that question. He and Michael discuss the important role of the prosecutor in sentencing hearings and best practices for raising the collateral consequences of parental incarceration with a… Read more…

Episode 4: Harms of Parental Incarceration

Considering the Parental Role at Sentencing
Considering the Parental Role at Sentencing
Episode 4: Harms of Parental Incarceration
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Michael is joined by Rebecca Shlafer, PhD, MPH, Assistant Professor in General Pediatrics and Adolescent Health at the University of Minnesota. They discuss parental incarceration as an ACE (Adverse Childhood Experience) that affects youth outcomes. They also consider how research on the harms of parental incarceration, as well as harms facing the children of a… Read more…

Episode 5: Minnesota Law on Sentencing

Considering the Parental Role at Sentencing
Considering the Parental Role at Sentencing
Episode 5: Minnesota Law on Sentencing
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Parental incarceration is an international issue, but this week, we focus on CIC’s home state. Mike is joined by Judge Mark Wernick, retired Hennepin County District Court judge and former member of the Minnesota Sentencing Guidelines Commission to discuss raising family circumstances in Minnesota sentencing proceedings. Judge Wernick explains how Minnesota judges can consider the… Read more…

Episode 6: Practice Points for Downward Departures

Considering the Parental Role at Sentencing
Considering the Parental Role at Sentencing
Episode 6: Practice Points for Downward Departures
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Margaret Hinson was a CIC intern back in 2018 and is now a third-year J.D. Candidate at the University of California-Irvine School of Law. She comes on our podcast to review the previous five episodes and to provide suggestions for incorporating their salient points into a motion for a downward departure in a hypothetical Minnesota… Read more…