Considering the Parental Role at Sentencing

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 a downward departure in a hypothetical Minnesota case. To receive 0.5 Minnesota CLE credits for listening to this podcast, please complete this survey. If you have any questions or additional feedback, please email us at [email protected]. Special thanks to our producer, David Smith, and our graphic designers and artists, Bran Laudenbach and Thomas Kane.

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 portions of the Minnesota Sentencing Guidelines and Minnesota case law. They also discuss the use of family impact statements to inform judges about family circumstances prior to sentencing hearings. Futher reading: Minnesota state sentencing materials. To receive 0.5 Minnesota CLE credits for listening to this podcast, please complete this survey. If you have any questions or additional feedback, please email us at [email protected]. Special thanks to our producer, David Smith, and our graphic designers and artists, Bran Laudenbach and Thomas Kane.

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 facing the children of a particular defendant, can be brought to the attention of the sentencing judge.  Further reading: a summary of research on the harms of parental incarceration experienced by children. To receive 0.5 Minnesota CLE credits for listening to this podcast, please complete this survey. If you have any questions or additional feedback, please email us at [email protected]. Special thanks to our producer, David Smith, and our graphic designers and artists, Bran Laudenbach and Thomas Kane.

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 prosecutor before sentencing. They also examine the use of community-based alternatives to prison or jail. To receive 1.0 Minnesota CLE credit for listening to this podcast, please complete this survey. If you have any questions or additional feedback, please email us at [email protected]. Special thanks to our producer, David Smith, and our graphic designers and artists, Bran Laudenbach and Thomas Kane.

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 child at every sentencing of a parent.  Further reading: a summary of pertinent international law. To receive 0.5 Minnesota CLE credits for listening to this podcast, please complete this survey. If you have any questions or additional feedback, please email us at [email protected]. Special thanks to our producer, David Smith, and our graphic designers and artists, Bran Laudenbach and Thomas Kane.

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 sentencing materials. To receive 0.5 Minnesota CLE credits for listening to this podcast, please complete this survey. If you have any questions or additional feedback, please email us at [email protected]. Special thanks to our producer, David Smith, and our graphic designers and artists, Bran Laudenbach and Thomas Kane.