The Invisible Victims

11 Pages Posted: 2 May 2013

See all articles by Michal Gilad

Michal Gilad

University of Pennsylvania Law School

Tal Gat


Date Written: May 1, 2013


Since the mid-1980’s the U.S. women prison population has increased by more than 430%. More than 66% of incarcerated women are mothers. It was estimated that in the U.S. alone more than 250,000 minor children suffer from maternal separation due to incarceration. Similar trends of a growing number of children affected by maternal incarceration are also identified in Europe and other regions. We argue that, in this reality, Prison Nursery Programs, which allow children to accompany their mothers to prison, provide a valuable alternative. These programs, if properly implemented, can benefit not only the best interests of the child, but also the mother, the state and the general public.

Keywords: criminal law, criminal procedure, sentencing, incarceration, prison nursery, correction, child welfare, foster care, children's rights, law and society, public policy

Suggested Citation

Gilad, Michal and Gat, Tal, The Invisible Victims (May 1, 2013). Arizona State Law Journal, 2012, Available at SSRN:

Michal Gilad (Contact Author)

University of Pennsylvania Law School ( email )

Philadelphia, PA
United States

Tal Gat


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