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? White collar criminal defense attorney Dulce Foster 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 cases. Further reading: CIC’s federal… 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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Is parental incarceration a human rights issue? Barbara Frey — lawyer, CIC Advisory Board member, and Director of the University of Minnesota Human Rights Program — joins us this week. 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… 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 eradicating 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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Just how harmful is parental incarceration? 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… 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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What makes Minnesota unique when it comes to parental incarceration? 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 parent-child relationship at sentencing, highlighting relevant… 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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Looking forward with this podcast. Margaret Hinson interned with CIC in 2018 and, at the time of this recording, was 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… Read more…